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1  "■        '  i     r    ^  Alt.   4- 


•I. 


■J  U'>* 


AN    ACT 


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TO     INCORPORATE 


PASSED  MARCH  4,  1837, 


Printed  at  the  office  of  the  Chicago  iDEMOCRAt. 

1837, 


""^.V-^'f-j^^ 


AN    ACT    TO    INCORPORATE 


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Sf.ct.  1.   Be  it  enacted   by  the  people  of  the  State  of  Illinois  represented 
in  the  General  Assemhly ,  That  the  district  of  country  in   the    county   of 
Cook  in  the   State  aforesaid,  known  as  the  east  half  of  the  south  east 
Whatlands  known  quarter  of  section  thirty-three,  in  township  forty,' and  fractional  section 
by   the   name  of  thirty-four  in  the  same  township,  the  east  fourth  part  of  sections  six, 
th»  city  of  ^"I'^a-geven,  eighteen  and  nineteen,  in  the  same  township,  also  fractional  sec- 
tion three,  section  four,   section    f?ve,    section  eight,  section   nine,  and 
fractional  section  ten,   excepting  the   south   west  fractional  quarter  of 
section  ten,  occupied  as  a  military   post,  until  the   same   shall  become 
private  pioperty,  fractional  section  fifteen,  section  sixteen,  cection  seven- 
teen, section  tv/enty,  section  twenty-one,  and  fractional  section   twenty- 
two,  in   township  thirty  nine  north  range  number   fourteen  east  of  the 
third  principal  meridian,  in  the  State  aforesaid,  shall  hereafter  be  known 
by  the  name  of  the  City  of  Chicago. 

Sect.  2.  The  inhabitants  of  said  City,  shall  be  a  corporation  by  the 
name  of  the  City  of  Chicago,  and  may  sue  and  be  sued,  complain  and 
defend  in  any  court,  make  and  use  a  common  seal,  and  alter  it  at  pleas- 
ure, and  take,  hold,  purchase  and  convey  such  real  and  personal  estate, 
as  the  purposes  of  the  corporation  may  require. 

Sect.  3.  The  said  Citj^  shall  be  divided  into  six  wards,  as  follows:  All 
that  part  of  the  city  which  lies  south  of  Chicago  river  and  east  of  the 
centre  of  Clark  street,  following  the  centre  of  Clark  street  to  the  south 
line  of  section  sixteen,  thence  following  the  said  south. line  of  section 
sixteen,  to  the  centre  of  State  street,  and  a  line  parallel  with  the  centre 
of  said  street,  to  the  southern  boundary  of  said  city,  shall  be  denominated 
the  first  ward  ot  said  city.  All  that  part  of  said  city  which  lies  south 
of  said  Chicago  river,  west  of  the  first  ward, -and  east  of  the  south  branch 
of  said  Chicago  river,  shall  be  denominated  the  second  ward  of  said  city: 
all  that  part  of  the  said  city,  lying  west  of  the  aforesaid  south  branch  of 
the  Chicago  river,  and  south  of  the  centre  of  Randolph  street,  and  by  a 
line  parallel  with  the  centre  of  said  Randolph  street,  to  the  v/estern  boun- 
dary of  said  city,  shall  be  denominated  the  third  ward ;  all  that  part  of 
said  city  which  lies  north  of  the  said  third  ward,  and  west  of  the  said 
Chicago  river,  and  the  north  and  south  branches  thereof,  shall  be  denom- 
ited  the  fourth  ward  of  said  city;  all  that  part  of  said  city  which  lies 
north  of  the  Chicago  river,  and  east  of  the  north  branch  thereof^  and 
%vest  of  the  centre  of  Clark  street,  to  the  centre  of  Chicago  Avenue,  and 
lying  south  of  the  centre  of  Chicago  Avenue,  to  the  centre  of  Franklin 
street,  and  lying  west  of  Franklin  street,  and  a  line  parallel  witli  the  cen- 
tre thereof,  to  the  northern  boundary  of  said  city,  shall  be  denominated 
the  fifth  ward,  all  that  part  of  said  city  lying  north  of  the  Chicago  riv- 


iDRorporation. 


Divided   into 
wards. 


First  ward. 

Second  ward. 

Third  ward. 

Fourth  ward. 
Fifth  ward. 

Sixth  ward. 


er.  and  east  of  the  said  fifth  ward,  shall  be  denominated  the  sixth  ward  of 
said  city. 
M  o  AJd  •  Sec.  4.  There  shall  be  in  and  lor  said  city,  ^except  as  herein  afterwards 
Bie^n*&c/  '  "  provided,  one  Mayor,  twelve  Aldermen,  one  Clerk,  one  Treasurer,  six 
Assessors,  one  or  more  Collectors,  and  such  other  officers  as  are  herein- 
after authorized  to  be  appointed,  which  said  Mayor,  Aldermen  and  As- 
sessors, shall  be  free  holders  in  the  said  city. 

Election.  Sect.  5,  An  election  shall  be  held  in  each  of  the  wards  of  said  city,  on 

the  first  Tuesday  in  March  in  each  year,  after  the  year  eighteen  hundred 
and  thirty  seven,  at  such  place  as  the  common  council  of  said  city  may 
appoint,  and  of  which  six  days  previous  public  notice  shall  be  given  in 
writing,  in  three  public  places  in  each  ward  by  the  inspectors  thereof 

First  election.  Sect.  6.  At  the  first  election  under  this  act,  and  at  each  annual  elec- 

tion thereafter,  there  shall  be  elected  two  Aldermen  and  one  Assessor 
from  each  ward,  each  of  whom  shall  be  an  actual  resident  of  the  ward 
in  which  he  was  elected,  Provided  hoicever,  That  the  aforesaid  wards, 
denominated  the  third  and  fifth  wards,  shall  be  entitled  to  elect  but  one 
Alderman  from  each  ward,  until  the  annual  election  for  the  year  anno 
domiai  1839. 

Inspectors  of  elec-      Sect.  7.  The  common  council   shall  appoint  three  inspectors  of  elec- 

^'°^*'  tions  for  each  ward,  who  shall  be  inspectors  of  elections  after  the  first. 

Such  inspectors  shall  have  the  same  power  and  athority  as  the  inspectors 
of  a  general  State  election. 

And  how  held.  Sect.  8.  The  manner  of  conducting  and  voting  at  the  elections  to  be 

held  under  this  act,  and  the  keeping  of  the  poll  lists  thereof,  shall  be  the 
same  as  nearly  as  may  be,  as  is  provided  by  law,  at  the  general  State 
election,  Provided,  That  the  common  council  may  hereafter  if  expedient, 
change  the  mode  of  election  to  that  by  ballot,  and  prescribe  the  manner 
of  conducting  the  same. 

Who  may  rote.  Sect.  9.  Every  person  voting  at  such  election,  shall  be  an  actual  resi- 
dent of  the  ward  in  which  he  is  to  vote,  shall  be  a  house  holder  within  the 
city,  or  shall  have  paid  a  city  tax  of  not  less  than  three  dollars,  within 
twelve  months  next  preceding  such  election,  and  shall  ha\re  resided  in 
said  city  at  least  six  months  next  preceding  such  election,  and  shall  more- 
over if  required  by  any  person  qualified  to  vote  thereat,  before  he  is  psr- 
mitted  to  vote,  take  the  following  oath:  "You  swear  or  affirm  that  you  are 
of  the  age  of  twenty-one  years,  that  you  have  been  a  resident  of  this  city 

Oath.  for  six  months  immediately  preceding  this  election,  that  you  are  a  house 

holder  therein,  or, that  you  have  paid  a  city  tax  of  not  less  than  three  dol- 
lars within  twelve  months  next  preceeding  this  election,  and  that  you 
are  now  a  resident  of  this  ward,  and  have  not  voted  at  this  election." 

armted°°*  *°  "Sect.  10.   The  persons  entitled  to  vote  at  any  election  held  under  thig 

act,  shall  not  be  arrested  on  civil  process  within   said  city  on  the  day  on 

I        t       f  fi   t  ^^'^^"^h  *^^^  election  is  held. 

election  how  ap-      Sect.  11.  The  trustees  of  the  town  of  Chicago  for  the  time  being,  shall 

pointed.  appoint  the  inspectors  of  the  first  election  to  be  held  under  this  act.  Such 

election  shall  be  held  and  conducted,  and  the  votes  thereat  canvassed  hj 
said  inspectors,  and  the  result  determined  in  the  mauner  hereinbefore 
provided  :  the  said  trustees  shall  also  appoint  the  time  and  place  of  hol- 
ding such  first  election,  which  time  shall  be  some  day  after  the  passage 
of  this  act,  and  on  or  belore  the  first  day  of  June  next. 

How  Tacancies  Sect.  12.  Vacancies  in  the  offices  of  Mayor  and  Alderman  occuring  in 
any  manner,  may  be  filled  at  a  special  election  called  and  appointed  by 
the  common  council,  and  conducted  in  the  same  manner  as  an  annual  e- 
leclion;  vacancies  in  all  other  offices  shall  be  filled  by  appointment  by 
,  the  common  council  :  all  appointments  to  fill  a  vacancy  in  an  elective  of- 
fice under  this  act,  and  all  appointments  of  clerk.  Treasurer,   Attorney 

What  officers  to  for  the  city,  police  constables,  collectors,  street  commissioners  and  city 

he  appointed.        surveyors,  shall  be  by  warrant  under  the  corporate  seal,    signed  by  the 
Mayor  as  presiding  officer  of  the  common  council,  and  clerk.    In  case  of 


a  failure  to  elect  Aldermen  at  an  annual  election,  or  if  from  any  cause 
there  shall  be  no  Aldermen,  the  clerk  shall  appoint  the  time  and  places 
for  holding  a  special  election,  and  appoint  inspectors  :  all  officers  appoin- 
ted or  elected  annually,  and  except  to  fill  a  vacancy,  shall  hold  their  res- 
pective ©ffices  for  one  year,  arad  until  others  are  chosen,  and  have  taken 
the  oath  of  office. 
Council  to  appoint  Sect,  13.  The  common  council  shall  appoint  as  many  police  consta- 
constables.  ^,]gg  ^^g  jj^gy  shall  think  proper,  not  exceeding  one  in  each  ward,  who  shall 

not  have  power  to   serve  any  civil  process  out   of  the  limits  of  said  city, 
except  in  cases  of  persons  fleekig  from  said  city,  and  to    commit  on  exe- 
cution where  the  defendant  shall  have  been  arrested  in  the  said  city. 
Mayor  how  cho-      Sect;  14.  The  Mayor  for  the  said  city,  shall  be  chosen  by  the  qualified 
sen.     '  electors  of  the  said  city,  at  the  same  time  and  in  the  same  manner  as   is 

prescribed  for  the  choosing  of  Aldermen,  whose  term  of  service  shall  be 
Term  of  service,  for  one  year,  until  his  successor  shall  be  chosen  and  qualified.  At  the 
time  of  voting  for  Aldermen,  the  electors  cf  said  city  shall  also  vote  in 
their  respective  v.'ards,  for  some  qualified  person  as  Mayor  of  said  city, 
which  votes  shall  be  canvassed  and  certified  at  the  same  time,  and  in  the 
same  manner  as  those  given  for  Aldermen,  and  the  person  having  the 
highest  number  of  votes  given  in  the  several  wards  at  such  election  shall 
be  Mayor. 
Commoa  coimcil.  Sect.  15.  The  Mayor  and  Aldermen  of  the  said  city  shall  constitute 
the  common  council  of  said  city.  The  common  council  shall  meet  at 
such  times  and  places  as  they  shall  by  resolution  direct,  or  as  the  Mayor 
or  in  his  absenca  any  two  of  the  Aldermen,  shall  appoint.  The  Mayor 
when  present,  shall  preside  at  all  meetings  of  the  common  council,  and 
shall  have  only  a  casting  vote.  In  his  absence,  any  one  of  the  Aldermen, 
may  be  appointed  to  preside  :  a  majority  of  the  persons  elected  as  Alder- 
men, shall  constitute  a  quorum.  No  member  of  a  common  council  shall, 
during  the  period  for  which  he  was  elected,  be  appointed  to,  or  be  com- 
petent to  hold  any  office  of  which  the  emoluments  are  paid  from  the  city 
treasury,  or  paid  by  fees  directed  to  be  paid  by  any  act  or  ordinance  of 
the  common  council,  or  be  directly  or  indirectly  interested  in  any  con- 
tract, the  expenses  or  consideration  whereof  are  to  be  paid  under  any  or- 
dinance of  the  common  council.  But  this  section  shall  not  be  construed 
to  prevent  the  Mayor  from  receiving  his  salar^if  or  any  other  fees  permit- 
ted by  this  act. 
When  to  meet.  Sect.  16.  The  comnion  council  shall  meet  annually,  after  the  year 
1837,  on  the  second  Tuesday  in  March,  and  in  1837,  on  the  day  following 
the  election,  and,  by  ballot,  appoint  a  clerk,  treasurer,  city  attorney, 
street  commissioner,  police  constables,  clerk  of  the  market,  one  or  more 
collectors,  one  or  more  city  surveyors,  one  or  more  pound  masters,  por- 
ters, carriers,  cartmen,  packers,  beadles,  bellmen,  sextons, common  criers, 
scavengers,  measurers,  surveyors,  weighers,  sealer  of  weights  and  meas- 
ures, and  gaugers.  If  for  any  cause  the  officers  above  named  are  not  ap- 
pointed on  the  second  Tuesday  of  March,  on  the  day  after  the  election 
in  the  year  eighteen  hundred  and  thirty-seven,  the  common  council  may 
adjourn  from  time  to  time  until  such  appointments  are  made. 
Refusing  to  accept  Sect.  17.  If  any  inhabitant  of  said  city,  elected  or  appointed  to  any  of-> 
ofBce.  fice  m  pursuance  of  this  act,  shall  refuse  or  neglect  to  accept  such  office, 

and  take  and  subscribe  the  oath  ofofhce  prescribed  by  the  constitution  of' 
this  state,  for  five  days  after  personal  notice  in  writing,  from  the  clerk, 
of  his  election,  he  shall  forfeit  the  sum  often  dollars. 
Officer  to  take         Sect.  18.  Every  person  chosen  or  appointed  to  an  executive,   judicial 
****^'  or  administrative  office,  under  this  act,  shall,  before  he  enters  on  the  du- 

ties of  hia  office,  take  and  subscribe,   before  some  Justice  of  the  Peace, 
the  oath  of  office  prescribed  in  the  constitution  of  this  state,  and  file  the 
same,   duly  certified  by  the  officer  before  whom  it  was  taken,    with  the 
clerk  of  the  city. 
Sond»t«begiveB,     Sect.  19.  The  treasurer,  street  commissioner,  and  collector  or  coUec- 


tors  of  said  city,  shall,  severally,  before  they  enter  on  the  duties  of  their 
respective  offices,  execute  a  bond  to  the  city  of  Chicago,  in  such  sum, 
and  with  such  sureties  as  the  common  council  shall  approve  ;  condition- 
ed that  they  shall  faithfully  execute  the  duties  of  their  offices,  and  account 
for,  and  pay  over  all  moneys  received  by  them  respectively ;  which 
bonds,  with  the  approval  of  the  common  council  certified  thereon  by  tho 
clerk,  shall  be  filed  with  the  clerk  of  the  city. 
Conjfable  to  give  Sect,  20'  Every  person  appointed  to  the  office  of  constable,  in  said 
bond.  city,  shall,  betore  he  enters  upon  the  duties  of  his   office,  with    two  or 

more  sureties,  to  be  approved  by  tho  common  council,  execute  in  pre- 
sence of  the  clerk  of  the  city,  an  instrument  in  writing,  by  which  such 
constable  and  sureties  shall  jointly  and  severally  agree  to  pay  to  each 
and  every  person  who  may  be  entitled  thereto  all  such  sums  of  money  as 
jj^^^  .  J  ,  the  said  constable  may  become  liable  to  pay,  by  reason  or  on  account  of 
any  summons,  execution,  distress  warrant  or  other  process  which  shall 
be  delivered  to  him  for  collection.  The  clerk  of  the  city  shall  certify  the 
approval  of  the  common  council  on  such  instrument,  aad  file  the  same; 
and  a  copy  of  such  instrument,  certified  by  the  clerk  under  the  corporate 
seal,  shall  be  presumptive  evidence  in  all  courts,  of  the  execution  thereof 
by  such  constable  and  his  sureties ;  and  all  actions  on  any  such  instru- 
ment shall  be  prosecuted  within  two  years  after  the  expiration  of  the 
year  for  which  the  constable  named  therein  shall  have  been  elected  or 
appointed,  and  may  be  brought  in  the  name  of  the  person  or  persons  en- 
titled to  the  money  collected  by  virtue  of  such  instruments. 

Sect.  21.  The  treasurer  shall  receive  all  monies  belonging  to  the 
uy  o    «a»u«r. ^jj^y^  ^^^  keep  an  accurate  account  of  all  receipts  and  expenditures,  in 
such  manner  as  the  common  council  shall  direct ;  all  monies   shall  be 
drawn  from  the  treasury  in  pursuance   of  an  order  from  the  common 
council  by  warrant  signed  by  the  mayor  or  presiding  officer  of  the  com- 
mon council,  and  countersigned  by  the  clerk:  such  warrant  shall  sj)eci- 
fy  for  what  purpose  the  amount  specified  therein,  is  to  be  paid  ;  and  the 
clerk  shall  keep  an  accurate  account  of  all  orders  drawn  on  the  treasu- 
ry, in  a  book  to  be  provided  for  that  purpose.    The  treasurer  shall  exhib- 
it to  the  common  council,  at  least  fifteen  days  before  the  annual  election 
in  each  year,  a  full  and  detailed  account  of  all  receipts  and  expendi- 
tures, after  the  date  of  the  last  annual  report,  and  also  of  the  state  of 
the  treasury,  which  account  shall  be  filed  in  the  office  of  the  clerk. 
Council  to  pubhsh     Sect.  22.  It  shall  be  the  duty  of  the  common  council,  at  least  ten  days 
a  report  of  ex-  before  the  annual  election  held  under  this  act  in  each  year,  to  cause  to 
penditures,  ect.     j^g  published  in  iwo  or  more  of  the  public  newspapers  in  said  city,  a  full 
and  correct  statement  of  the  receipts  and  expenditures  by  the  said  com- 
mon council,  for  the  contingent  expenses  of  the  said  city  from  the  date 
of  the  last  annual  report,  published  in  pursuance  of  this  section  to  the 
date  of  said  reports,  and  also  a  distinct  statement  of  the  whole  amount 
of  money  assessed,  received  and  expended  in  the  respective  wards  for 
making  and  repairing  roads,  highways  and  bridges,   in  said  city  for  the 
same  period,  togeth^er  with  such  other  information  in  their  power  to  fur- 
nish, as  may  be  necessary  to  a  full  understanding  of  the  financial  con- 
cerns of  the  said  city. 
Clerk  to  keepscal     Sect.  23.  The  clerk  shall  keep  the  corporate  Seal,  and  all  the  papers 
and  record.  belonging  to  Said  city,  and  make  a  record  of  the  proceedings  of  the  com- 

mon council,  at  whose  meetings  it  shall  be  his  duty  to  attend  ;  and  copies 
of  all  papers  duly  filed  in  his  office,  and  transcripts  from  the  records  of 
the  procct  lings  of  the  common  council  certified  by  him  under  the  cor- 
porate Seal,  shall  be  evidence  in  all  courts  in  like  manner  as  if  the  orig- 
inal were  produced. 
Duty  of  street  Sect.  24.  It  shall  be  the  duty  of  the  street  commissioner  to  superin- 
conioaiisioBer.  tend  the  making  of  all  public  improvements  ordered  by  the  common 
council,  and  to  make  contracts  for  the  work  and  materials  which  may 
be  necessary  for  the  same,  and  shall  be  the  executive  officer  to  carry  in- 


to  effect  the  ordinances  of  the  common  council  relative  thereto,  and  shall 
keep  accurate  accounts  of  all  monies  expended  by  him  in  perlbrmaDce 
of  any  work,  together  with  the  cause  of  such  expenditurea,  and  to  ren- 
der such  account  to  the  common  council,  monthly. 

Sect.  25.  That  the  city  surveyor  or  surveyors,  appointed  by  the  said 
Duty  of  city  lur-^^^^Qj^  j,Qyjj(,i|.^]^a^H  j^ave  the  sole  power,  under  the  direction  and 
■'«?<>''*  ■  control  of  the  said  common  council,  to  survey  within  the  limits  of  said 

city ;  and  he  and  they  shall  be  governed  by  such  rules  and  ordinances  as 
the  said  common  council  shall  direct,  and  receive  such  fees  and  emolu- 
ments for  his  or  their  services,  as  the  common  council  shall  appoint. 
Salary  of  mayor,     Sect.  26.  The  mayor  of  said  city,  for  the  time  being,    shall  be  allow- 
etc.  ed  an  annual  salary  of  five  hundred  dollars,  pavable  out  of  the  treasury, 

and  the  other  officers  of  said  corporation  shall  be  paid  out  of  the  treas- 
ury such  compensation  for  their  services,  when  the  rsame  are  not  herein 
provided  for,  as  the  said  common  council  may  deem  adequate  and  rea- 
sonable. 
Officer  to  deliTcr     Sect.  27.  If  any  person  having  been  an  officer  in  said  city,  shall  not, 
to  Buccessor  pa- within  ten  days  after  notification  and  request,  deliver  lo  his  successor  m 
pers.etc.  office  all  the  property,  papers  and  effects  of  every  description  in  his  pos-« 

session  belonging  to' the  said  city,  or  appertaining  to  the  office  he  held, 
he  shall  forfeit  and  pay  for  the  use  of  the  ciiy  one  hundred  dollars,  be- 
side!^  all  damages  caused  by  his  neglect  or  refusal  so  to  deliver. 

Sect.  28,  The  common  council  shall  hold  stated  meetings,  and  the 
M    f  h     mayor  or  any  two  aldermen,  may   call  special  meetings  by  notice  to 

and  hoTheid.  ^°' each  of  the  members  of  said  council,  served  personally,  or  left  at  his 
usual  place  of  abode.  Petitions  and  remonstrances  may  be  presented  to 
the  common  council.  The  common  council  shall  have  the  management 
and  control  of  the  finances,  and  of  all  the  properly  real  and  personal, 
belonging  to  the  corporation,  and  shall  have  power  wiihin  said  city,  to 
make  and  establish,  publish,  alter,  modify,  amend  and  repeal  ordinan- 
ces, regulations,  rules,  and  bye  laws,  for  the  following  purposes  : 

1st.  To  prevent  all  obstructions  in  the  waters  which  are  public  high- 
ways in  said  city. 

2d.  To  prevent  and  punish  forestalling  and  regrating,  and  to  prevent 
and  restrain  every  kind  of  fraudulent  device  and  practice. 

2d.  To  restrain  and  prohibit  all  descriptions  of  gaming  and  fraudulent 
devices  in  said  city,  and  all  playing  of  dice,  cards  and  other  games  of 
chance  with,  or  without  betting,  in  any  grocery,  shop  or  store. 

4th.  To  regulate  the  selling  or  giving  away  any  ardent  spirits,  by  any 
storekeeper,  trader  or  grocer,  to  bo  drunk  in  any  shop,  store  or  grocery, 
outhouse,  yard,  garden  or  other  place  within  the  city,  except  by  innkeep- 
ers duly  licensed. 

5th.  To  forbid  ihe  selling  or  giving  away  of  ardent  spirits,  or  other  in- 
toxicating liquors,  to  any  child,  apprentice,  or  servant,  without  the  con.^ 
sent  of  his  or  her  parent,  guardian,  master  or  mistress,  or  to  any  Indian. 
6th.  To  regulate,  license,  or  prohibit  the  exhibition  of  common  shew- 
men,  and  of  shows  of  every  kind,  or  the  exhibition  of  any  natural  or  arti- 
ficial curiosities,  caravans/circuses  or  theatrical  performances. 

7th.  To  prevent  any  riot  or  noise,  disturbance,  or  disorderly  assem- 
blage. 

8th.  To  suppress  and  restrain  disorderly  houses  and  gioceries,  houses 
of  ill  fame,  billiard  tables,  nine  or  ten  pin  allies  or  tables,  and  ball  allies, 
and  to  authorize  the  destruction  and  demolition  of  all  instruments  and 
devices  used  for  the  purpose  of  gaming. 

9th.  To  compel  the  owner  or  occupant  of  any  grocery,  cellar,  tallow- 
chandler's  shop,  Et>ap  factory,  tannery,  stable,  barn,  privy,  sewer,  or  oth- 
er unwholesome  nauseous  house  or  place,  to  cleanse,  remove  or  abate  the 
same,  from  time  to  time,  as  often  as  may  be  necessary  for  the  health, com- 
fort and  convenience  of  the  inhabitants  of  said  city. 


8 

10.  To  direct  the  location  and  management  of  all  slaughter  houses, 
markets,  and  houses  for  storing  powder. 

11.  To  regulate  the  keeping  and  conveying  ot  gunpowder  and  other 
combustibles  and  dangerous  materials,  and  the  lise  of  candles  and  lights 
in  barns  and  stables, 

12.  To  prevent  horse  racing,immoderate  riding  or  driving  in  the  streets, 
and  to  authorize  persons  immoderately  riding  or  driving  as  aforesaid,  to 
be  stopped  by  any  person. 

13.  To  prevent  the  encumbering  the  streets,  side  walks,  lanes,  alloys, 
public  wharves  and  docks,  with  carriages,  carts,  sleighs,  sleds,  wheelbar- 
rows, boxes,  lumber,  limbers,  tirewood,  or  any  other  substance  or  mate- 
rial whatsoever. 

14.  To  regulate  and  determine  the  times  and  places  of  bathing  and 
swimming  in  the  canals,  rivers,  harbors  and  other  waters,  in  and  adjoin- 
ing said  city. 

15.  To  restrain  and  punish  vagrants,  mendicants,  street  beggars,  and 
common  prostitutes. 

16.  To  restrain  and  regulate  the  running  at  large  of  cattle,  horses, 
swine,  sheep,  goats  and  geese,  and  to  authorize  the  distraining,  impound- 
ing and  sale  of  the  same,  for  the  penalty  incurred  and  costs  of  proceed- 
ing. 

17.  To  prevent  the  running  at  large  of  dogs,  and  to  authorize  the  des- 
truction ot  the  same  when  at  large,  contrary  to  the  ordinance. 

18.  To  prevent  any  person  from  bringing,  depositing,  or  having  within 
the  limits  of  said  city,  any  dead  carcass  or  any  other  unwholesome  sub- 
stance, and  to  require  the  removal  or  destruction  by  any  person  who  shall 
have  upon  or  near  his  premises  any  such  substance,  or  any  putrid  or  un- 
sound beef,  pork,  or  fish,  hides  or  skins  of  any  kind,  and  on  his  default, 
to  authorize  the  removal  or  destruction  thereof  by  some  officer  of  said 
city. 

16.  To  prevent  the  rolling  of  hoops,  playing  at  ball  or  flying  of  kites 
or  any  other  amusement  or  practice  having  a  tendency  to  annoy  persons 
passing  in  the  streets  and  on  the  side  walks  in  said  city,  or  to  frighten 
teams  and  horses  within  the  same. 

20.  To  compel  all  persons  to  keep  the  snow,  and  ice,  and  dirt  from  the 
side  walks  in  front  of  the  premises  owned  or  occupied  by  Ihem. 

21.  To  prevent  the  ringing  oi  bells,  blowing  of  horns  and  bugles,  cry- 
ing of  goods  and  other  things  within  the  limits  of  said  city. 

22.  To  abate  and  remove  nuisances. 

23.  To  regulate  and  restrain  runners  for  boats  and  stages. 

24.  To  survey  the  boundaries  of  said  city. 

25.  To  regulate  the  burial  of  the  dead. 

26.  To  direct  the  returning  and  keeping  of  bills  of  mortality,  and  to 
impose  penalties  on  physicians,  sextons  and  others,  for  any  default  A  the 
premises. 

27.  To  regulate  gagueing,  the  place  and  manner  of  selling  and  weigh- 
ing hay,  of  selling  pickled  and  other  fish,  and  of  selling  and  measuring 
of  wood,  lime  and  coal,  and  to  appoint  suitable  persons  to  superintend 
and  conduct  the  same. 

28.  To  appoint  watchmen,  and  prescribe  their  duties  and  powers. 

29.  To  regulate  cartmen  and  cartage. 

30.  To  regulate  the  police  of  said  city. 

31.  To  establish,  make  and  regulate  public  pumps,  wells,  cisterns,  and 
reservoirs,  and  to  prevent  the  unnecessary  waste  of  water. 

32.  To  establish  and  regulate  piiblic  pounds. 

33.  To  erect  lamps  and  regulate  the  lighting  thereof. 

34.  To  reguhte  and  license  ferries.  The  said  common  council  shall 
have  the  power  to  prohibit  the  use  of  locomotive  engines  on  any  rail 
road  within  the  inhabited  parts  of  said  city,  and  may  require  the  cars 
to  be  used  thereon  within  the  inhabited  poitions  thereof,  to  be  drawn  or 


9 

—  ^  luai  -  steam.  The  Co.^ 
may  erect  and  establish  a  bridewell,  or  house  of  correction  in  txic  „.., 
city,  and  may  pass  all  necessary  ordinances  for  the  regulation  thereof  ; 
may  appoint  a  keeper  and  as  many  assistants  as  may  be  necessary  and 
shall  prescribe  their  duties  and  compensation,  and  the  securities  to  be 
given  by  them.  In  the  said  bridewell  or  house  of  correction,  shall  be 
confined  all  rogues,  vagabonds,  stragglers,  idle  or  disorderly  persons 
who  may  be  committed  thereto  by  the  mayor  or  any  alderman  in  said 
city ;  and  all  persons  sentenced  by  any  criminal  court  in  and  for  said 
cit}/,  for  any  assault  and  battery,  petit  larceny,  or  other  misdemeanor 
punishable  by  imprisonment  in  any  county  jail,  shall  be  kept  therein  ia 
ihe  same  manner  as  prisonersof  that  description  are  required  to  be  kept 
in  the  cotinty  jails.— The  common  council  may,  by  ordinances,  require 
every  merchant,  retailer,  trader  and  dealer  in  merchandize  or  property 
of  any  description  which  is  sold  by  measure  or  weight,  to  cause  their 
weights  and  measures  to  be  sealed  by  the  city  sealer,  and  to  be  subject  to 
ids  inspection,  and  may  impose  penalties  for  any  violation  of  any  such 
ordinances ;  the  standard  of  which  weights  and  measures  shall  be 
agreeable  to  those  now  established  by  law^ 

Sect.  29.  The  common  council  shall  have  power,  from  time  to  time,  Council  to  pre- 
To  prescribe  the  duties  of  all  officers  and  persons  appointed  bv  them  to*^''®  duties    of 

j^e  1  u    4.  1  •      4.  i      iL  •    •         •     ^   1  •  1  officers. 

any  office  or  place  whatsoever,  subject  to  the  provisions  of  this  act, and 
may  remove  all  such  persons  or  officers  at  pleasure. 

Sect.  30.  The  common  council  may  make,  publish,  ordain,  amend ^"^'^"  P®?^*^- 
and  repeal,  all  such  ordinances,  bye-laws,  and  police  regulations,  not 
(contrary  to  the  laws  of  ihis  state,  for  the  good  government  and  order  of 
said  city,  and  the  trade  and  commerce  thereof,  as  may  be  necessary  to 
carry  into  effect  the  powers  given  to  said  council  by  this  act,  and  enforce 
observance  of  all  rules,  ordinances,  bye-laws  and  police  regulations 
made  in  pursuance  of  this  act,  by  imposing  penalties  upon  any  person 
violating  the  same,  not  exceeding  one  hundred  dollars  for  any  offence, 
to  be  recovered  with  costs,  in  an  action  of  debt  before  the  Mayor  or  any 
Justice  of  the  Peace  of  the  said  city,  every  siick  ordinance  or  bye-law, 
imposing  any  penalty  or  forfeiture  for  a  violation  of  its  provisions,  shall 
after  the  passage  thereof,  be  published  for  three  weeks  successively,  in 
the  corporation  newspaper  printed  and  published  in  said.city ;  and  proof 
ot  such  publication  by  the  affidavit  of  the  printer  or  publisher  of  said 
newspaper,  taken  before  any  officer  authorized  to  administer  oaths,  and 
filed  with  the  clerk  of  the  city,  or  any  other  competent  proof  of  such 
publication,  shall  be  conclusive  evidence  of  the  legal  publication  and  ■ 
promulgation  of  such  ordinance  or  bye-laws  in  all  courts  and  places. 

Sect.  31.  The  common  council  at  their  annual  meeting  on  the  second  At  annual  meet-- 
Tuesday  in  March,  in  each  year,  after  eighteen  hundred  and  thirty- ing  to  de»ignau 
seven,  and  at  their  first  meetingr  in  that  year,  or  within  ten  days  there- '*^l^a*^pap"°'^^'°° 
after,  shall  designate  one  public  newspaper  printed  in  said  city,  in  f^hed  ^°  e  pu - 
which  shall  be  published  all  ordinances  and  other  proceedings  and  mat-  mJU^ 

ters  required  in  any  rase  by  this  act,  or  the  bye-laws  and  ordinances  of  ^^ 

the  common  council,  to  be  published  in  a  public  neAvspaper. 

Sect.  32.  All  actions  brought  to  recover  any  penalty  of  forfeiture  in-  Actions,  horr 
curred  under  this  act,  01  the  ordinances,  bylaws  or  police  regulations '^'^°"S'^*' 
made  in  pursuance  of  it,  shall  be  brought  in  the  corporate  name  ;  and  in 
any  such  action  it  shall  be  laM'ful  to  declare  generally  in  debt  for  such 
penalty  or  forfeiture,  stating  the  section  of  this  act,  or  the  bye-laws  or 
ordinances  under  which  the  penalty  is  claimed,  and  to  give  the  special 
matter  in  evidence  under  it.  The  first  process  in  any  such  action  shall 
be  by  warrant,  and  execution  may  be  isued  thereon  immediately  on  the 
rendition  of  judgment.  If  the  defendant  in  any  such  action  have  nb 
goods  or  chattels,  lands  or  tenements,  whereof  thejuagmeui  oan  he  col- 
lected, the  execution  shall  require  the  defendant  to  be  imprisoned^  lu 
close  custody  in  the  jail  of  Cook  county  tor  a  term  not  exceeding  thirty 


10 

days.     All  expenses  incurred  in  prosecuting  for  the  recovery  of  any 

penalty  or  forfaitures  when  collected  shall  be  paid  to  the  treasurer  for 

the  use  of  the  city. 

Who  competsnt       Sect.  33.  No  person  shall  be  an  incompetent  judge,  justice,  witness 

rj*;?,t!f~'  ^"^  ^*   oriuror,  by  reason  of  his  beine  an  inhabitant  or  free  holder  in  the  city 

or  jurors*  J  t     J  ^  ^  ■..         .  i*"L^'i_  *T"<» 

of  Chicago,  jn  any  action  or  proceeding  in  wnicn  the  said  city  is  a  par- 
ty in  interest. 
Coancii  may  cor-      Sect.  34.  The  common  council  of  said  city  shall  have  power  to  re- 
rcct    asseisment*  ^^-^^^  ^j^gj.  ^^^  correct  the  several  assessment  rolls  of  the  different  as- 
an     xra  e.  gessors  of  Said  city  and  to  prescribe  the  rate  of  assessment,  the  form  of 

the  assessment  roll,  and  to  make  such  rules  in  relation  thereto  as  they 
may  deem  expedient  and  proper. 
May  tax  property.  Sect.  35.  The  common  council  shall  have  power  in  each  year  to  raise 
a  sufficient  sum  by  tax  upon  real  or  personal  estate  in  said  city,  not  ex- 
ceeding the  one  half  of  one  per  centum  upon  the  assessed  value  there- 
of, to  defray  the  expenses  of  lighting  the  streets,  supporting  a  night 
watch,  and  making  and  repairing  streets,  roads,  highways  and  bridges 
ProTjio.  ^^  ttie  said  city  and  to  defray  the  co,ntingent  and  other  expenses  of  said 

city;  Provided,  that  the  said  common  council  shall  in  no  case  levy  a  tax 
upon  lots  or  land  owned  by  the  State,  nor  any  tax  for  making  and  re- 
pairing streets,  roads  and  highways,  contrary  to  the  subsequent  provis- 
ions of  this  act. 

Sect.  36.  The  said  common  council  are  hereby  authorized  to  require 
Labor  of  oitizenj  every  male  resident  of  the  city  over  the  age  of  twenty  one  years,  to  la- 
«n  street*.  -^^^  ^^  least  three  days  in  each  and  every  year  upon  the  streets  and  alleys 

of  said  city,  at  such  time  and  in  such  manner  as  the  street  commissioner 
shall  direct,  but  any  person  may  at  his  option  pay  at  the  rate  of  one  dol- 
lar for  every  day  ho  shall  be  so  bound  to  labor,  and  such  labor  or  pay- 
ment Jihall  be  in  lieu  of  all  labor  required  to  be  performed  upon  any 
roads,  streets  or  alleys  by  any  law  of  this  State;  and  in  default  of  the 
payment  of  such  money,  or  ihe  performance  of  such  labor,  the  said  com- 
mon council  may  '^ue  for  and  collect  sueh  money  before  the  mayor  or 
any  justice  of  the  peace," 

Sect.  37,  The  said  common  council  shall  have  the  exclusive  power  to 
Excluiive  power  regulate,  repaid,  amend  and  clear  the  streets  and  alleys  of  said  city; 
regarVtTTtreeu  bridges,  side  and  cross  walks,  and  of  opening  said  streets,  and  putting 
and  alley*.  drains. and  sewers  therein,  and  to  prevent  the  encumbering  of  the  same 

in  any  manner,  and  to  protect  the  same  from  encroachments  and  inju- 
ry; they  shall  also  have  power  to  direct  and  regulate  the  planting  and 
preserving  of  ornamental  trees,  in  the  streets  of  said  city. 

Sect.  38.  The  common  council  shall  have  power  to  lay  out,  make  and 
assess  streets,  alleys,  lanes  and  highways  in  said  city,  and  make  wharves 
and  slips  at  the  end  of  streets,  on  property  belonging  to  said  city,  and  to 
alter,  widen,  contract,  straighten  and  discontinue  the  same,  but  no  build- 
ing exceeding  the  value  of  one  thousand  five  hundred  dollars  shall  be 
'  removed,  in  whole  or  in  part,  without  the  consent  ot  the  owner.     They 

shall  cause  all  streets,  alleys,  lanes  or  highways,  laid  out  by  them  to  be 
surveyed,  described  and  recorded  in  a  book  to  be  kept  by  the  clerk,  and 
the  same  when  opened  and  made  shall  be  public  highways.  Whenev- 
er any  street,  alley,  lane,  highway,  whaif  or  slip  is  laid  out,  altered, 
widened  or  straightened  by  virtue  of  this  section,  the  common  council 
shall  give  notice  of  their  intention  to  appropriate  and  take  the  land  ne- 
cessary for  the  same  to  the  owner  or  owners  ihei-eof  by  publishing  said 
notice  for  fourteen  days  in  the  corporation  newspaper  printed  in  said 
city,  and  after  the  expiration  of  the  paid  fourteen  days  the  common  coun- 
cil shall  give  notice  to  the  said  owner  or  owners  by  publishing  the  same 
for  thirty  day">  in  the  coporation  newspaper,  that  such  owner  or  owners 
rnay  niea  notice  with  the  clerk  of  the  city  of  a  claim  for  damages,  on 
Dair.as*.,  accountof  appropriating  the  land  of  such  owner  or  owners  for  the  uses 

specified  in  this  section  ;  and  if  such  owner  cMywners  shall  within  said 
thirty  days  file  or  cause  to    be  filed  such  notrfe  of  a  claim  for  dama- 


11 

ges  as  albresaid,  with  the  clerk  of  the  city,  the  common  council  shall  How  isttiuAuti. 
choose  by  ballot  five  discreet  and  dii^interested  freeholders,  residing  in 
*aid  city,  as  commissioners  to  ascertain  and  assess  the  damages  and  rec- 
ompense due  the  owner  or  owners  of  such  land,  and  at  the  same  lime  to 
determine  what  persons  will  be  benefited  by  such  irpprovement,  and  to 
assess  the  damages  and  expf:nse  thereof,  on  the  real  estate  of  the  per- 
sons benefited,  in  proportion,  as  nearly  as  may  be,  to  the  benefits  result- 
ing to  each.  A  majority  of  all  the  aldermen  authorized  by  law  to  be 
elected,  shall  be  necessary  to  constitute  a  choice  of  such  commission- 
ers. The  commissioners  shall  be  sworn  by  the  mayor  or  any  justice  of 
the  peace  in  said  city,  faithfully  and  impartially  to  execute  their  duty  in 
making  such  assessment,  according  to  the  best  of  their  ability.  The 
commissioners  shall  v^iew  the  premises,  and  in  their  discretion  receive 
any  legal  evidence,  and  may  if  necessary  adjourn  from  day  to  day. — 
The  commissioners  shall  before  they  enter  upon  the  duties  assigned 
them  by  this  section,  give  notice  to  the  persons  interested  of  the  lime  and 
place  of  the  meeting  of  the  said  commissioners  for  the  purpose  of  view- 
ing the  premises  and  of  making  such  assessment,  at  least  five  days  be- 
fore the  time  of  such  meeting,  by  publishing-such  notice  in  the  corpo- 
ration newspaper  printed  in  said  city.  The  said  commissioners  shall  de- 
termine and  award  to  the  owner  and  o'vners  of  said  land  such  damages 
as  they  shall  judge  such  owner  or  owners  to  sustain  in  consequence  of 
fuch  street  lane,  alley,  highway,  wharf  oi  slip  having  been  laid  out,  al- 
tered, widened  or  straightened,  after  taking  into  consideration  and  mak- 
ing due  allowance  for  any  benefit  which  said  o\vaer  or  owners  may  de- 
rive from  such  improvement.  The  said  commissioners  shall  al  the  same 
time  assess  and  apportion  the  said  damages  and  expenses  of  said  im- 
provement on  the  real  estate  benefitted  thereby,  as  nearly  as  may  be,  in 
proportion  to  the  benefit  resulting  therefrom,  and  shall  describe" the  re- 
al estate  upon  which  any  such  assessment  is  made.  If  there  be  any 
building  on  an}''  land  taken  for  such  improvement,  the  owner  thereof 
shall  have  ten  days,  or  such  time  as  the  common  council  may  allow  af- 
ter the  final  assessment  of  the  commissioners  is  returned  to  and  con- 
firmed by  the  common  council,  to  remove  the  same,  and  in  case  such 
ovrner  removes  such  building,  the  value  thereof  to  the  owner  to  remove 
shall  be  deducted  from  the  amount  of  the  damages  awarded  to  the  own-  . 
er  thereof,  and  such  value  shall  be  at  the  time  of  the  assessment  deter- 
mined by  the  commissioners.  The  determination  and  assessment  of  the 
commissioners  shall  be  returned  in  writing,  signed  by  all  the  commis- 
sioners to  the  common  council,  within  thirty  days  after  their  appoint- 
ment of  said  r.ommon  council  as  aforesaid  ;  the  common  council  may, 
if  sufficient  objections  are  made  to  the  appointments  of  any  of  said 
commissioners,  or  if  any  such  commissioners  shall  be  unable  to  ser/e, 
by  sickness  or  any  other  cause,  appoint  other  commissioners  to  serve  in 
their  places,  in  the  manner  as  herein  provided.  And  the  said  common 
council,  after  the  determination  "and  assessment  of  the  commissioners 
as  aforesaid  is  returned  to  them,  shall  give  two  weeks  notice  in  the  cor- 
poration newspaper,  printed  in  said  city,  that  such  determination  and 
assessment  of  the  commissioners  will,  on  a  day. to  be  specified  in  said 
notice,  be  confirmed  by  the  common  council,  unless  objections  to  such 
determination  and  assessment  aforesaid,  are  made  by  some  person  in- 
terested ;  all  objections  to  such  determination  and  assessment  as  afore- 
said, shall  be  briefly  stated  in  writing  and  filed  with  the  clerk  ;  if  no  ob- 
jections are  made  as  aforesaid,  the  said  determination  and  assessment 
shall  be  confirmed  by  the  common  council.  If  the  objections  are  made 
as  aforesaid,  any  person  interested  may  be  heard  before  the  common 
council,  touching  the  said  determination  and  assessment  of  tKo  com- 
missioners on  the  day  specified  in  the  aforesaid  notice,  or  on  such  oth- 
er day  or  days  as  the  common  council  shall  for  that  purpose  appoint; 
and  the  said  common  council  in  consideration  of  the  objections  made, 


12 

shall  have  power  in  their  discretion  to  confirm  such  determination  and 
assessment  of  the  commissioners,  or  to  annul  the  same',  and  refer   the 
same  subject  matter  back  to  the  same  commissioners,  or  appoint  five 
'  other  commissioners  for  the  purpose  and  in  the  manner  herein  provided; 

and  the  said  commissioners  shall  make  the  second  determination  and 
assessment,  and  return  the  same  to  the  common  council  in  like  man- 
ner, and  give  like  notices,  as  they  are  herein  required  in  relation  to  the 
first  determination  and  assessment,  and  returns  thereof,  and  the  parties 
in  interest  shall  have  the  like  notices  and  rights,  andtJie  common  coun- 
cil shall  perform  like  duties,  and   have  like  powers  in  relation  to  the- 
second  determination   and  assessment  of  said  commissioners  as   are 
herein  given  and  required  in  relation  to  the  first  determination  and  as- 
sessment of  said  commissioners,  and  in  case  the  common  co'ancil  shall 
confirm  the  second  determination  and  assessment  of  said  commission- 
ers, the  same  shall  be  final  and  conclusive  on  all  persons    interested. 
But  in  case  the  common  council  shall  annul  the  same,  then  all  the  pro- 
ceedings in  relation  to  laying  out,  altering,  v/idening  or  straightening 
such  street,  alley,  lane,  highway,  v/harf  or  slip  shall  be  null  and  void. 
But  nothing  herein  contained  shall  authorize   the  said  common  coun- 
cil to  discontinue  or  contract  any  street  or  highway  or  any  pan  thereof, 
■except  for  (he  purpose  of  widening  and  improving  the  rivers  and  rnak- 
ing  basins  and  slips  within  said  city,  without  the  consent  in  writing  of 
all  persons  owning  land  adjoining  such  street  or  highway.     That  in  all 
cases  where  the  whole  of  any  lot  or  parcel  of  land  or   other  premises 
under  lease  or  other  contract  shall  be  taken  for  any  of  the  purposes  a- 
foresaid  by  virtue  of  this  act,  all  the  covenants,  contracts  and  engage- 
ments between  landlord  and  tenant,   or  any   other  contracting  parties, 
touching  the  same  or  any  part  thereof,  shall  upon  confirmation  of  such 
report  in  the  premises  as  shall   be   confirmed  by  the  common  council 
aforesaid,  respectively  cease  and  determine  and  be  absolutely  discharg- 
ed ;  and  in  all   cases  where  part  only  of  any  lot  or  parcel  of  land  or 
other  premises  sounder  lease  or  other  contract,  shall  be  so  taken  for  any 
of  the  purposes  aforesaid,  ail  contracts  and  engagements  respecting  the 
same,  shall  upon  the  confirmation  of  such  report   in   the  premises  as 
shall  be  so  confirmed  as  aforesaid,  shall  cease,  determine  and  be  abso- 
lutely discharged,  as  to  the  part  thereof  so  taken,  but  shall  remain  valid 
and  obligatory  as  to  the  residue  thereof,  and  the   rents,   considerations 
and  payments  reserved;  payable  and  to  be  paid  for,  or  in  respect  to  the 
same  shall  be  so  apportioned  as  that  the  part  thereof,  justly  and  equita- 
bly payable,  or  that  ought  to  be  j)aid  for  such  said  residue  thereof,  and 
no  more  shall  be  demanded  or  paid  or  recoverable  for  or  in  any  respect 
of  the  same.     No  power  is  given  by  virtue  of  this  act  to  alter,  change, 
lay  out  in  lots  or  lease  that  part  of  the  town  of  Chicago  originally  laid 
cut  by  the  commissioners  of  the  Illinois  and  Michigan  canal  on  section 
nine,  in  township  thirty  seven  north,  range  fourteen,    east   of  the  third 
principal  meridian,  as  lies  between  the  river  and  north  and   south  wa- 
ter streets,  or  is  comprised  within  said  r^treets, 
Aad  how  collect-     Sect.  39.     All  taxes  and  assessments  imposed,  voted  and  assessed  by 
,d.  the  said  common  council,  shall  be  collected  by  the  coUector  of  the  said 

city,  in  the  same  manner  and  with  the  same  power  and  authority  as 
taxes  in  and  for  any  county  of  the  State  are  collected,  by  virtue  of  a 
warrant  or  warrants  under  the  corporate  seal,  signed  by  the  Mayor  or 
presiding  officer,  or  by  suit  in  the  corporate  name  with  interest  and 
costs,  and  the  assessment  roll  of  the  said  common  council  shall  in  all 
cases  be  evidence  on  the  part  of  the  corporation,  and  taxes  or  assess- 
ments, imposed  or  assessed  on,  or  in  respect  of  any  real  estate,  within 
the  odid  city,  shall  be  a  lien,  on  filing  the  roll  with  the  cle^k  of  the  city 
on  such  real  estate,  and  in  case  such  taxes  or  assessraen:3  are  not  paid, 
the  common  council  may  cause  such  real  esta'.e  to  be  sold  for  the  pay- 
ment and  collection  of  such  taxes  and  assessjnents  as  aforesaid,  togetk- 


13 

er  with  the  expenses  of  the  sale,  in  the  manner  and  with  the  effeot,  and 
subject  to  theprovisions  specified  in  the  forty-liist  section  of  the  act,  rel- 
ative to  the  sales  of  real  estates,  for  the  nou  payment  of  assessments  or 
laxes :  all  taxes  and  sums  of  money  raised  and  collected  by  virtue  of 
this  section,  shall  be  paid  to  the  treasurer  of  me  city.  In  all  cases  where 
theie  is  no  agreement  to  the  contrary,  the  owner  or  landlord  and  not  the 
occupant  or  tenant,  shall  be  deemed  in  the  person  who  ought  to  bear  and 
pay  every  assessment  made  for  the  expenses  of  any  public  improve- 
ineni  in  the  said  city,  where  any  such  assessment  shall  be  made  Ui;on  or 
paid  by  any  person,'when  by  agreement  or  by  law,  the  5ame  ought  to  be 
borne  or  paid  by  any  other  person,  it  shall  be  lawful  for  one  so  paying, 
to  sue  for  and  recover  of  the  person  bound  to  pay  the  same,  the  amount 
so  paid  with  interest,  in  action  for  the  rnone)'-  so  paid,  laid  out  and  ex- 
pended for  the  benefit  ol  such  defendant ;  nothing  herein  contained  sliall 
impair,  or  in  any  way  efiect,  any  agreement  beiween  any  landlord  and 
tenant,  or  other  persons  respecting  the  payment  of  such  assessments. 

Sect.  40.     The  common  council  shall  have  power  to  cause  any  street,  gr^^^e"^  strS'Jwid 
alley,  lane  or  highway  in  said  city,  to  be  graded,  levelled,  paved,  repair- f[ig,-3, 
ed,  macadamized  or  gravelled,  to  cause  cross  and  side    walks,  drains, 
sewers  and  aqueducts  to  be  constructed  and  made  in  the  said  city,  and  to 
cause  any  side  walks,  or  drains,  sewers  and  aqueducts  to  be  relald,  amend- 
ed and  repaired,  and  to  cause  the  expenses  of  all  improvements  (except 
sidewalks,)  mr^de  and  directed  under  this  section,  to  be   assessed  upon 
the  real  estate  in  any  ward  in  said  city,  deemed  benefi.tted  by  such  im- 
provements, in  proportion  to  the  benefits  resulting  thereto,  as  nearly  as 
may  be,  which  assessment  shall  not  exceed  tw'o  per  centum  per  annum 
on  the  property   assessed.     The  common   council  shall  determins  the. 
amount  to  be  assessed  for  all  improvements  to  be  made  or  directed  un- 
der this  section,  except  side  walks,  and  shall  appoint  by  a  majority  of  al! 
the  aldermen  authorized  by  law  to  be  elected  five  reputable  freeholders  of 
said  city,  by  ballot,  to  make  such  assessment.      The  assessors  shall  be 
be  sworn  before  the  mayor  or  any  justice  of  the  peace  in  said  city,  faith- 
fully and  impartially  to  execute  their  duty  as  suoh  assessors  according  to 
the  best  of  tlieir  ability,  and  before  entering  upon  the  duties  assigned 
them  by  this  section,  the  assessors  shall  give  notice  to  all  persons  interest- 
ed, of  the  time  and  place  of  meeting  of  said  assessors,  at  least  four  days 
before  the  time  of  such  meeting,  by  publishing  such  notice  in  the  corpo- 
ration newspaper  printed  in  said  city,  and  they  may  if  necssary,  adjourn 
from  day  to  da3^     The  said  assessors  shall  assess  the  amount  directed 
by  the  common  council  to  be  assessed,  for  any  such  improvement  on  the 
real  estate  deemed  by  them  tc  be  benefitted  thereby,  in  proportion  to   the 
benefit  resulting  thereto  as  nearly  as  may  be,  and  the  said  assessors  shall 
briefly  describe  in  the  assessment  roll  to  be  made  by  them,  the  real  estate 
on,  or  respect  to  which  any  assessment  is  made  under  this  section;  wlien 
the  assessment  is  completed,  they  shall  give  like  notice,  and  also   publish 
the  same  in  the  corporation  nevv.spaper,  and  have  the  same  power  to  make 
corrections  as  in  case  of  the  assessment  of  taxes.     They  shall  deliver  a 
corrected  copy  of  the  assessment  roll  signed  by  all  the  asssessors,  to   the 
clerk  of  the  city,  within  sixty  days  after  their  ajjpointment  as  aforesaid, 
and  any  person  interested  im-j  appeal  to  the  common  coancil  for  the  cor- 
rection of  the  assessment :  such  appeal  shall  be  in  writing,  and  shall  be 
delivered  to  the  clerk  or  presiding  officer  of  the  common  council,  within 
ten  days  after  the  corrected  copy  of  the  assessment  roll  is  filed  with   the 
clerk.     In  case  of  appeal,  the  common  council  shall  appoint  a  time  within 
ten  days  thereafter,  for  the  hearing  of  those  who  r,re  interested,  and  shall 
cause  a  notice  to  bo  published  in  the  corporation  newspaper,  def  igna- 
ting  the  time  and  place  and  object   of  hearing,  and  they  may  adjourn 
said  hearing  from  tiir.c  to  time,  as  may  be  necessary,   and   the  common 
council  shall  in  case  of  appeal  as  aforesaid,  have  power  in  their  dir^re^ 
tion  to  confirm  their  assessment,  or  to  annul  the  same  and  direct  a  new 


14 

assessment  lo  be  ma.de  in  the  manner  herein  betbre  directed  by  the  same 
asseesors  or  by  five  other,  assessors  to  be  appointed  as  aforesaid,  by  the 
common  council  and  sworn  as  aforesaid,  which  shall  be  final  and  con- 
clusive on  all  parties  interested  in  case  the  common  council  shall  con- 
firm the  same.  But  in  case  the  common  council  shall  set  aside  the  last 
aforesaid  assessment  all  the  proceedings  in  relation  to  the  grading, 
levelling,  paving,  repairing,  macadamizing  or  gra'^^elling  such  street,  alley, 
lane  or  highway  in  said  city,  shall  be  null  and  void.  If  the  first  assess- 
ment to  be  made  and  confirmed  under  this  or  the  preceding  sections 
proves  insuflicient,  the  common  council  may  cause  another  to  be  made 
in  the  same  manner,  or  if  too  large  an  amount  shall  at  any  time  be  raised, 
the  excess  shall  be  refunded  rateably  to  those  by  whom  it  was  paid.  The 
said  assessors  may,  if  in  their  opinion  any  owner  or  owners  oi  land  situ- 
ated on  such  street,  alley,  lane  or  highway,  as  shall  be  gravelled  or  level- 
led, will  sustain  dama2.es  over  aad  above  the  benefit  which  may  accrue  to 
the  owner  or  owners  of  such  land  by  such  improvement,  assess  such  an 
amount  as  they  may  deem  a  reasonable  recomponce  to  such  owner  or 
ovv'ners  thereof,  upon  the  real  estate  in  said  city,  deemed  by  them  to  be 
benefitted  by  such  improvement,  in  proportion  to  the  benefit  reBultlng 
thereto,  as  nearly  as  may  be,  and  the  said  assessors  shall  add  such  amount 
to  the  assessment  roil,  which  the}'  are  herein  required  to  make  and  certi- 
fy the  said  amount  to  the  common  council,  at  the  time  of  filing  said  roll 
with  tlie  clerk  as  aforesaid.  If  any  vacancy  shall  happen  in  the  oifico  of 
assessor  for  any  of  the  causes  mentioned  in  the  thirty-eighth  section  of 
this  act,  the  same  shall  be  filled  by  tha  common  council  in  the  manner 
therein  provided. 

Sect.  41.  All  assessments  for  improvements  authorized  by  this  act, 
shall  be  made  upon  the  real  estate  and  be  paid  to  or  collected,  by  the 
collector,  except  as  herein  otherwise  directed.  A  corrected  copy  of  the 
assessment  roll,  shall  in  all  cases  be  filed  in  the  office  of  the  clerk  of  the 
city,  find  the  assessment  shall  be  a  lien  upon  the  premises  assessed  for 
one  year  only  after  the  final  corrected  copy  of  the  assessment  roll  shall 
have  been  filed  as  aforesaid.  In  case  of  iion  payment,  the  premises  may 
be  sold  at  any  time  within  the  year  from  the  time  of  the  filing  of  the  said 
assessment  roll.  Before  any  such  sale,  an  order  shall  be  made  by  the 
common  council,  which  shall  be  entered  at  large  in  the  records  of  the  city 
kept  by  the  clerk,  directing  the  attorney  of  the  city  to  sell,  and 
particularly  describing  the  premises  to  be  sold  and  the  assessment  for 
which  the  sale  is  to  be  made,  a  copy  of  which  order  shall  be  delivered  to 
the  said  attorney.  The  said  attorney  shall  then  advertise  the  premises  to 
be  sold  m  the  manner  and  for  the  time  required  in  the  case  of  sales  of 
real  estate  for  taxes,  and  the  sale  shall  be  conducted  in  the  same  manner. 
The  proceeding.s  may  be  stopped  at  any  time  before  the  sale  by  any  per- 
son paying  to  said  attorney  the  amount  of  the  assessment,  interest  and 
the  expenses  of  advertising.  AH  sales  in  such  cases  shall  be  made  for  the 
smallest  portion  of  ground  for  which  any  person  will  pa)?- the  assessment, 
interest  and  expenses  of  advertising  :  certificates  of  the  sale  shall  be 
made  and  subscribed  by  the  said  attorney,  one  of  which  shall  be  filed  by 
him  within  ten  days  after  the  day  of  sale  m  the  office  of  the  clerk  of  the 
city,  and  one  in  the  office  of  the  recorder  of  Cook  county,  and  shall  con- 
tain a  description  of  the  property,  and  the  price  for  which  it  was  sold, 
and  state  the  amount  of  the  assessment,  interest,  and  expenses  for  which 
the  sale  was  made,  and  the  time  at  which  tiie  right  to  redeem  will  ex- 
pire. If  the  proceedings  are  stopped  before  a  sale  is  made,  the  attorney 
may  include  one  dojlar  and  no  more  in  the  expenses  for  his  fees.  If  the 
premises  are  sold,  the  attorney  may  include  two  dollars  in  the  amount  of 
expenses  for  his  fees,  and  no  more.  The  right  of  redemption  in  all  cases 
of  such  safes  in  the  same  manner  and  to  the  same  extent,  shall  exist  to  the 
owner  and  his  creditors  as  is  allov;edby  law  in  the  cases  of  sales  of  real 
estate  for  taxes.     The  money  in  case  of  redemption  may  bo  paid  to  the 


15 

purchaser  or  for  him  to  the  clerk  of  the  city.  In  case  of  no  redemption,  or 
of  redemption  by  the  creditor  or  creditors,  the  common  council  shall 
make  to  the  purchaser  or  his  legal  representors,  or  the  person  entitled 
thereto,  a  deed  with  a  special  warranty,  signed  by  the  mayor  of  said  city, 
and  countersigned  by  the  clerk  of  said  city,  containing  a  description  of 
the  sard  premises  sold  for  taxes  or  assessments  as  aforesaid. 

Sect.  42.  Any  person  interested,  may  appeal  from  any  order  of  the  Appeal  anowed. 
common  council  for  laying  out,  opening,  making,  altering,  or  widening 
any  street,  alley,  lane,  highway,  to  the  circuit  court  of  the  county  ot 
Cook,  or  to  the  municipal  courts  of  said  city,  by  notice  in  writing,  deliver- 
ed  to  the  mayor  or  clerk  of  the  city,  at  any  time  before  the  expiration  of 
twenty  days  after  the  passage  of  the  ordinance  therefrom  by  the  com- 
mon council.  The  only  ground  of  appeal  shall  be  the  want  of  conform- 
ity in  the  proceedings  to  this  act.  The  propriety  or  utility  of  the  streets, 
al'leye,  lanes,  highways  or  other  improvements,  or  the  correctness  of  the 
assessments  of  damage  if  made  in  conformity  to  this  act,  shall  not  con- 
stitute a  ground  of  appeal.  In  case  of  appeal,  the  common  council  shall 
make  a  return  within  twenty  days  after  notice  thereof;  and  the  said  cir- 
cuit or  municipal  court  shall,  at  the  next  term  after  the  return  which  shall 
be  filed  in  the  office  of  the  clerk  of  said  court,  proceed  to  hear  and  deter- 
mine the  appeal  and  shall  confirm  or  annul  the  proceedings  of  the  com- 
mon council. 

Sect.  43.   The  land  required  to  he   taken  for  the   making,    opening  or  Damages   to  be 
widening  of  any  street,  alley,  lane  highway,  in  said  city,  shall    not  be  so  pa^d ^before  lands 
taken  and  appropriated  by  the  common  council,  until  the  damages  assess-  '■^^^^^ 
ed  and  awarded  therefor  to  any  owner  therefor   under  this    act,    shall  be 
paid  or  tendered  to  ;;uch  owner  or  his   agent  or  legal  representative,  or  in 
case  the  said  ov/ner,  or  his  agent  or  legal  representative  cannot  be  found 
in  said  city,  shall  bo  deposited,  to  his  or  their    credit,  or  for  his  or   their 
use,  in  some  safe  place  of  depcsit,  other  than  the  hands   of  the   treasurer 
of  said  city;  and  then,  and  in  such  cases,  and  notbefore,  such  lands  may 
be  taken  and  appropriated  by  the  common  council,  for  the   purposes   re- 
quired in  making  such  improvements,  and  such  streets  allej'^s,  lanes, high- 
ways, wharves  or  slips,  may  be  made  and  opened. 

Sect.  44.  Where  any  known  owner  residing  in  said  city  or  elsewhere, j^J^^J^,^^^*^^^ 
shall  be  an  infant,  and  proceeding  shall  be  had  under  sections  thirty  eight 
and  forty  of  this  act,  the  circuit  court  of  the  county  of  Cook,  the  Judge 
thereof,  the  municipal  court  of  said  city,  or  any  such  judge  of  the  su-^ 
preme  court  or  judge  of  probate  for  said  county,  may  upon  the  applica- 
tion of  the  common  council  or  such  infant,  or  his  next  friend  appoint  a 
guardian  for  such  infant,  taking  security  from  such  guardian  for  the 
faithful  execution  of  such  trust,  and  all  notices  and  summons  required 
by  cither  of  said  sections  shall  be  served  on  such  guardian. 

Sect.  45.  All  owners  or  occupants,  in  front  of  whose  premises  the  Side  walk*, 
common  council  shall  direct  side  walks  to  be  constructed  or  repaired, 
such  side  walks  at  their  own  cost  and  chargeti,  but  if  not  done  in  the 
manner,  and  of  the  materials  and  within  the  time  prescribed  by  the  com- 
mon council,  the  said  council  may  cause  them  to  be  conotructed,  and  as- 
sess the  expense  thereof  upon  such  lots  respectively,  and  collect  the  same 
in  the  manner  directed  by  the  thirty  eighth. and  fortieth  and  forty  first 
sections  of  this  act,  and  such  assessments  shall  be  a  lien  upon  such  lot  in 
like  manner  as  assessments  undjr  the  said  thirty  eighth,  fortieth,  and 
forfy  first  sections. 

Sect.  46.  The  common  council  shall  have  power  to  order  the  grading,  Power*  of  countii 
paving,  gravelling,  raising,  closing,    fencing,    amending,    cleansing   and  i"^  regard  to 
protecting  any  public  square  or  area  novv,  or  hereafter   laid    out   in  said*^"^*^** 
city,  and  to  improve  the  same  by  the  construction  of  walks  and  the  rear- 
ing and  protecting  of  ornamental  trees  therein,  and  to  cause  such  part  of 
the  expenses  tliaTeof  as  they  shall  deem  just,  to  be  assessed  and  collected 
in  the  manner  prescribed  hi  the    thirty   eighth,  fortieth,  and  forty  first 


iccLi-^iio  01  iliis  act,  for  assessing  and  collecting  the  expenses  ot  liu^,.^,  «-, 
ments  mentioned  i.n  those  sections,  and  to  cause  the  sale  of  any  real  es- 
tate on  which  such  expenses  are  assessed,  to  be  sold  as  provided  in  said 
thirty-eighth,  fortieth,  and  forty  first  sections.  But  nothing  herein  shall 
empower  the  said  common  council  to  divest  or  obstruct  the  interest  of 
any  individual  in,  or  to  any  such  square  or  area. 
Power  to  regulate  Sect.  47.  The  common  council  shall  ha^^e  power  to  egtablisli  and  reg- 
aaarket  ulate  a  market  or  markets  in    said  city,  and  to  restrain  and  regulate  the 

sale  of  fresh  meats    and   vegetables    in   said  city,  to  restrain  and  punish 
the  forestalling  of  poultry  ,  fruits  and  eggs,  and  to  license  under  the  hand 
and  seal  of  the  mayor  annually,  such  and  so  many  butchers  as  they  shall 
deem  necessary  and  proper,  and  to  revoke  such  license  for  any  infraction 
of  the  bye-laws  and  ordinances    of  the  common   council,  or  other  mal- 
conduct  of  such  butchers  in  the  course   of  their  trade. 
Poirertoprejcribe      Sect.  48.  The  common  coimcil  for  the  purpose  of  guarding  ag?ainst  the 
hmiuof  ^hacity.  ^^i^^-^lgg  ^^  ^^.^^  shall  have  power  to  prescribe  the  limits  in  said  city, 
within  which  wooden  buildings  shall  not  be  erected  or  placed  without 
the  permission  of  the  said  common  council,  and  to  direct  that  all  or  any 
buildings  within  the  limits  prescribed,  shall  be  made  or  constructed  of 
stone  or  brick  with  partition  walls,  lire  proof  loofs,  and  brick  or  stone 
cornices  and  eave  troughs,  under  such  penalties  as  may  be  prescribed  by 
the  common  couu^il,  not  exceeding  one  hundred  dollars  for  any  one  of- 
fence, and  ihe  further  sum  of  iv/enty-five  dollars  for  each  and  every 
week  any  building  so  prohibited  shall  be  continued. 
Power  to  regnlate      Sect.  49.  The  common  council  shall  have  power  to  regiilaie  the  con- 
construction  of    gtruction  of  chimneys  so  as  to  admit  chimney  sweeps,  and  to  compel  the 
t  jmneys,  sweeping  and  cleaning   of  chimneys,  and  to  prevent  chimney  sweeps' 

from  sweeping  unless  licensed  as  they  shall  direct,  to  prevent  the  dan- 
gerous construction  and  condition  oi'  chimneys,  fire  places,  hearths, 
stoves,  stove  pipes,  ovens,  boilers,  and  apparatus  used  in  any  building  or 
manufactory,  and  to  cause  the  same  to  be  removed  or  placed  in  a  safe 
and  secure  condition  when  considered  dangerous,  to  prevent  the  deposite 
of  ashes  in  unsafe  places,  and  to  appoint  one  or  more  officers  to  enter 
into  all  buildings  and  enclosures  to  discover  whether  the  same  are  in  a 
dangerous  state,  and  to  cause  such  as  may  be  dangerous  to  be  put  in  safe 
condition,  to  require  the  inhabitants  of  said  city  to  provide  so  many  fire 
buckets,  and  in  such  manner  and  time  as  they  shall  prescribe,  and  to  reg- 
'ilate  the  use  of  thern  in  times  of  fire,  and  to  regulate  and  prevent  the 
«  carrying  on  of  manufactories  dangerous  in  causing  or  promoting  fire, 
and  to  prevent  the  use  of  fire  works  and  fire  arms  in  said  city,  or  any  part 
thereof,  to  compel  the  owners  and  occupants  of  houses  and  other  build- 
ings, to  have  scuttles  in  the  roofs  and  stairs  and  ladders  leading  to  the 
same;  to  authorize  the  mayor, aldermen,  fire  wardens  or  other  officers 
of  said  city,  to  keep  away  from  the  vicinity  of  any  fire,  all  idle  and  sus- 
picious persons  and  to  compel  all  officers  of  said  city,  and  other  persons 
to  aid  in  the  extinguishment  of  fires,  and  in  the  preservation  of  property 
exposed  to  danger  thereat;  and  generally  to  establish  such  regulations 
for  the  prevention  and  extinguishment  of  fires,  as  the  common  council 
may  deem  expedient. 

Sect.  50.  The  common  council  shall  procure  fire  engines  and  other  ap- 
paratus used  for  ihe  extinguishment  of  fires,  and  have  the  charge  and 
control  of  the  same,  and  provide  fit  and  secure  engine  houses  and  other 
places  for  keeping  and  preserving  the  same,  and  shall  have  power  to  or- 
ganize fire,  hook,  hose,  bag,  ladder  and  axe  companies ;  to  appoint  during 
their  pleasure  a  competent  number  of  able  and  reputable  inhabitants  of 
said  city,  firemen,  to  take  the  care  and  management  ot  the  engines,  and 
other  apparatus  and  implements  used  and  provided  for  the  extinguishment 
of  fires,  to  prescribe  theduiies  of  firemen,  and  to  make  rules  and  regula- 
tions for  their  government,  and  to  impose  such  reasonable  fines  and  for- 
feitures upon  such  firemen  for  a  violation  of  the  same,  as  the  council 


17 

may  deem  proper,  and  fof  incapacity,  neglect  of  duty,  or  misconduct,  to 
remove  them  and  appoint  others  in  their  places.  And  the  qualified  elect- 
ors of  said  city  may,  at  the  annual  election  to  be  held  for  said  city^  choose 
a  chief  engineer  and  two  assistant  engineers  of  the  fire  department, 
whose  term  of  office  shall  be  for  one  year,  who  with  the  other  firemen, 
shall  take  the  care  and  management  of  the  engines  and  other  apparatus 
and  implements  used  and  provided  for  the  extinguishment  of  fires,  and 
whose  du'ies  and  powers  shall  be  defined  by  the  common  council,  Provi' 
ded,koivever,  That  if  the  said  qualified  electors,  shall  for  any  reason  fail 
to  elect  a  chief  engineer  and  two  assistant  engineers  or  either  of  them  as 
aforesaid,  or  if  any  of  the  offices  shall  become  vacant  in  any  way,  then 
such  vacancy  may  be  filled  by  the  common  council  in  the  same  manner 
as  other  officers  are  appointed  by  them. 

Set.  51.  The  members  of  the  common  council  shall  be   fire  wardens,  No  of  wardem. 
and  shall  have  power  to  appoint  such  other  fire  wardens  as  they  may  deem 
necessary. 

Set.  52.  The  members  of  the  common  council,  hook  and  laddermen,  officen'  exemo- 
axe-men,  and  firemen  appointed  by  virtue  of  this  act,  shall,  during  their  tion- 
term  of  service  as  such,  be  ejerapt  from  serving  on  Juries  in  all  courts, 
and  in  the  militia  except  in  the  case  of  war,  insurrection  or  invasion. 
The  name  of  each  person  appointed  firemen,  hook,  and  ladder  men,  or 
axemen,  shall  be  registered  with  the  clerk  of  the  city,  and  the  evidence 
to  entitle  him  to  the  exemption  as  provided  in  this  section,  shall  be  the 
certificate  of  the  clerk,  made  within  the  year  in  which  the  exemption  is 
claimed. 

Sect.  53.  The  present  firemen  of  the  town  of  Chicago  shall  be  ^^Q-  ■presiaiQtewn. 
men  of  the  city  of  Chicago,  subject  to  be  removed  by  the  common  coun- 
cil in  like  manner  as  other  firemen  of  said  city. 

Sect.  54.  Every  fireman,  hook  and  ladderman,  or  axeman  who  shall  Further  esamp* 
have  faithfully  served  as  such  in  said  city  or  town  of  Chicago,  or  both,  tions. 
for  the  term  of  ten  years,  shall  be  thereafter  exempt  from  serving  on  juries 
in^all  courts,  or  in  the  militia,  except  in  case  of  war,  invasion  or  insur- 
rection; and  the  evidence  to  entitle  such  person  to  the  exemption  as  pro- 
vided in  this  section,  shall  be  a  certificate  under  the  corporate  seal  signed 
by  the  mayor  and  clerk. 

Sect.  65.  The  common  council  may  authorize  the  mayor  or  any  other  ^°'"'"  *°  &''®  •'**" 
proper  officer  of  the  corporation  to  grant  license  to  tavern-keepers,  gro-^^^pg^  j^c."^™ 
cers  and  keepers  of  ordinaries  or  victualling  houses,  to  sell  wines  and 
other  liquors  whether  ardent,  vinous  or  fermented,  m  the  manner  pre- 
scribed by  the  laws  of  this  State  ;  and  also  to  license  billiard  tables,  hack- 
men,  draymen,  carters,  porters,  omnibus  drivers  and  auctioneers,  and  to 
adopt  rules  and  regulations  for  their  government,  and  to  impose  duties 
upon  the  sale  of  goods  at  auctiop,  and  may  moreover  direct  the  manner 
of  issuing,  countersigning  and  registering  of  such  licences,  and  may  de- 
termine upon  the  fees  to  be  paid  for  such  licenses ;  not  less  than  five  nor 
more  than  fifty  dollars  to  be  paid  to  the  city  treasurer,  and  the  sum  to  be 
paid  to  the  mayor  or  other  officer  foi  granting  such  license  shall  not  ex- 
ceed one  dollar  :  bond  shall  be  taken  on  the  granting  of  such  license,  for 
the  due  observance  ot  the  regulations  of  the  common  council  in  respect 
thereto.  They  shall  be  filed,  and  maybe  prosecuted,  and  the  monjy  col- 
lected shall  be  applied  in  such  manner  as  the  common  council  shall  di- 
rect, 

Skct.  56.  The  common  council  shall  have  power  to  pass  such  ordinan-  Power  to  pass  or- 
ces  as  they  shall  deem  proper  for  regulating  or  restraining  tavern  keepers,  dinances. 
grocers,  keepers  of  ordinaries  or  victualling  houses,  hackmen,  draymen, 
carters,  potters,  omnibus  drivers  and  auctioneers. 

Sect.  57.  The  said  comraon  council  shall  be  and  are  hereby  authorized  Power  to  appoint 
to  appoint   annually,  three   commissioners  as   a  board  of  health  for  said  ^^^'"^  °^ ^^*^*^' 
city,  and  the  mayor  of  said  city  or  presiding  officer  of  the  common  coun- 
cil shall  be  president  ot  said  board;  and  the  clerk  of  said  city  shall  be 


18 

clerk  of  said  board,  and  shall  keep  minutes  of  the  proceedings  thereof. 
The  said  common  council  shall  at  their  pleasure  appoint  a  health  officer 
annually,  and  as  often  as  the  otfice  may  become  vacant ;  and  may  re- 
move him  at  pleasure  ;  whose  duty  it  shall  be  to  visit  every  sick  person 
who  may  be  reported  to  the  board  of  health  as  hereinafter  provided,  and 
to  report  with  all  convenient  speed  his  opinion  of  the  sickness  of  such 
person  to  the  clerk  of  the  said  board  of  health;  and  it  shall  be  the  duty 
of  the  said  ofhcer  to  visit  and  inspect  at  the  request  of  the  president  of 
said  board,  all  boats  and  vessels  running  to  or  being  at  the  wharves,  land- 
ing places  or  shores  in  said  city,  which  are  suspected  of  having  on  board 
any  pestilential  or  infections  disease,  and  all  stores  or  buildings  which  are 
suspected  to  contain  unsound  provisions  or  damaged  hides  or  other  arti- 
cles, and  to  make  report  of  the  state  of  the  same  with  all  convenient 
speed  to  the  clerk  of  the  board  of  health. 

Sect.  58.  In  case  any  boater  vessel  shall  be  at  [or]  near  any  of  the 
Power  of  board  of  wharves,  shores  or  landing  places  in  said  city  and  the  said  board  of  health 
k»^lt^-  shall  believe  that  such  boat  or  vessel  is  dangerous  to   the  inhabitants   of 

said  city  in  consequence  of  their  bringing  and  spreading  any  pestilential 
or  infectious  disease  among  said  inhabitants,  or  have  just  cause  to  suspect 
or  believe  that  said  boat  or  vessel  is  suffered  to  remain  at  or  near  the  said 
wharves,  shores  or  landing  places,  it  will  be  the  cause  of  spreading  among 
the  said  mhabitints  any  pestilential  or  infectious  disease,  that  it  shall 
and  may  be  lawful  for  the  said  board  by  an  ordorin  writing  signed  by  the 
president  for  the  time  being  to  order  such  boat  or  vessel  to  any  distance 
from  said  wharves,  shores  or  landing  places,  not  exceeding  three  miles 
beyond  the  bounds  of  said  city  within  six  hours  after  the  delivery  of  such 
order  to  the  owner  or  consignee  of  said  boat  or  vessels,  and  if  the  master, 
owner,  or  coualgnee  to  Vv^hom  such  order  shall  be  delivered  shall  neglect 
or  refuse  to  comply  therewith,  the  said  president  may  enforce  such  remo- 
val, and  such  master,  owner  or  consignee  shall  be  considered  guilty  of  a 
misdemeanor  and  on  conviction  shall  be  fined  a  sum  not  exceeding  two 
hundred  and  fifty  dollars,  and  imprisoned  not  exceeding  three  months,  in 
the  jail  of  the  county  of  Cook,  by  any  court  having  cognizance  thereof ; 
the  said  fine  when  paid  to  be  applied  by  the  said  board  to  the  support  of 
the  treasury  of  the  city  of  Chicago. 

Sect.  59.  Every  person  practising  physic  in  the  said  city  who  shall 
Duty  of  physi-  ^^^e  a  patient  laboring  under  any  malignant  or  yellow  lever  or  other  in- 
eianj.  fectious  or  pestilential  disease,  shall  forthwith  make  report  thereof  in 

writing  to  the  clerk  of  said  board  of  health,  and  for  neglecting  bo  to  do 
shall  be  considered  guilty  of  a  misdemeanor  and  liable  to  a  fine  of  fifty 
dollars  to  be  sued  for  and  recovered  in  an  action  of  debt  in  any  court  hav- 
ing cognizance  thereof,  with  cost,  for  the  use  of  the  treasury  of  said  city. 
Sect.  60.  All  persons  in  said   city  not  being  residents  thereof,  who 
?ower  of  board  of  "^^^^^  ^^  infected  with  any  infectious  or  pestilential  disease  and  all  things 
health,  within  said  city  which  in  the  opinion  of  said  board  shall  be  infected  by 

or  tainted  with  pestilential  matter  and  ought  to  be  removed  so  as  not  to 
endanger  the  health  of  the  city,  shall  by  order  of  the  said  board  of  health 
be  removed  to  some  proper  place  not  exceeding  three  miles  beyond  the 
bounds  of  said  city,  to  be  provided  by  the  said  board  at  tho  expense  of 
the  said  city,  and  the  said  board  may  order  any  furniture  or  wearing  ap- 
parrel  to  be  destroyed  v/hencver  they  may  judge  it  to  be  necessary  for  th« 
healtn  of  the  city  ;  and  the  said  common  council  shall  have  power  to  erect 
one  or  more  hospitals  within  the  said  city,  and  to  control  and  regulate 
the  pame. 
Sect.  61.  All  the  estate  real  and  personal,  vested  in  or  belonging  to 
What  «»tatt  TM-  **'  ^®^d  ^^  ^rust  by  the  trustees  oi  the  town  of  Chicago,   at    the  time  this 
Ud  in  city.  act  shall  take  effect  as  a  law,  shall  be  and  is  hereby  declared  to  be  vested 

in  the  city  of  Chicago,  and  the  said  common  council  shall  be  bound  and 
holden  in  the  same  maaner,  to  all  persons  T/horasoever,  for  all  causes 


19 

whatsoever  as  the  tiuslees  of  the   town  of  Chicago  we; ;  bound  and   hol- 
den  under  and  by  virtue  of  any  law  of  this  State. 

Sect.  62.  The  said  common  council  are  hereby  authorized  and  em.-  Power  of  couacil 
powered  to  borrow  upon  the  faith  and  pledge  of  the  city  of  Chicago,  *"  borr«w  money, 
such  necessary  sum  or  sums  of  money,  for  any  term  of  time,  and  at  such 
rate  of  interest,  and  payable  at  sucli  place  as  they  may  deem  expedient, 
not  exceeding  one  hundred  thousand  dollars  for  any  one  year,  and  to 
issue  bonds  or  scrip  therefor  under  the  seal  of  the  said  corporation,  signed 
by  the  mayor  and  countersigned  by  the  clerk,  such  sum  or  sums  so  bor- 
rowed, to  be  expended  and  applied  in  the  liquioation  oi  the  debts  of  the 
said  city  of  Chicago,  and  in  the  permanent  and  useful  improvements  of 
the  said  city,  and  to  pledge  the  revenues  accruing  to  the  said  city  for  the 
re-payment  of  the  said  sum  or  sums  so  borrowed  with  the  interest  upon 
the  same. 

Sect.  63.  The  said  common  council  shall  in  ail  improvements   strictly  Money    how  ex- 
local  in  their  character,  sucli  as   improving  streets,  making   drains   and  P®^*^**"*' 
sewers,  expend  annually  in  each  ward  such  proportion  of  the  public  mon- 
ies as  shall  correspond  with  the  amount  of  the  assessed  value  of  the  prop- 
erty in  each  ward,  as  exhibited  in  the  last  assessment  roil. 

Sect.  64,  The  mayor  of  the  said   city  for  the  time  bemg,  shall   have  Power  of  mayor 
power  to  administer  any  oath  required  to  be  taken  by   any  person   undergo   administer 
this  act.  '  °^^^'; 

Sect.  65.  Any  person  who  shall  hereafter  be   elected  to   the  office   of  Resignationi. 
mayor  or  alderman  in  said  city,  may  itjiider  his  resignation  of  such  oflB.ee 
to  the  common  council  of  said  city. 

Sect.  66.  The  common  council  of  the   said  c''",'  shall   determine  the  I'o^^^r  of  council, 
rules  of  its  own  proceedings,  and  b3  the  judge  of  ti.?  elections  and  qual- 
i6c:(tions  of  its  own  members,  and  have  power  to  compel  the  attendance 
ot  absent  members. 

Sect.  67.  The  said  common  council  are  hereby  authorized  to   levy  an  To  levy  tax. 
annual  tax  upon  the  owner  of  every  dog  kept  or  owned  in  said   city   by 
such  person,  not  e.vceeding  five  dollars  for  every   dog  ss  owned   or  kept 
by  such  person. 

Sect.  G8.  That  the  mayor  of  the  said  city  of  Chicago,   shall  have  the  Jurisdiction    of 
same  jurisdiction  within  the  limits  of  the  said  city,  and  shall  be   entitled  °'^y°'^*' 
to  the  same  fees  and  emoluments  which   are   given  by  the  laws  of  this 
State  to  the  justices  of  the  peace,  upon  his   conforming   to   the   require- 
ments, restrictions  and  directions  of  the  laws  of  tiiis  state  regulating  the 
office  of  justice  of  the  peace. 

Sect.  69.  That  there  shall  be  established   in  said   city  of  Chicago,    a  Municipal  court, 
municipal  court  which  phall  have  jurisdiction  concurrent  with  the  circuit  Established  juris- 
court3  of  this  Scale  in  all  maLiersi  civil  and  criminal,  arising  within  the  diction, 
limits  of  said  city,  and  in  all  casea  where  either  plaintiff  and  defendant  or 
defendants,  shall  reside  at  the  time  of  commencing  suit,  within  saidcity, 
which  court  shall  be   held  within   the  limits  of  said  city  in  a  building 
provided  by  the  corporation* 

Sect.  70.  Said  courts  shall  be  held  by  one  judge,  who  shaU  be  appoint-  judge  how  ap- 
ed by  joint  ballot  of  both  branches  of  the  general  assembly  and  commis- pointed, 
sioned  by  the  governor,  and  shall  hold  his  ofiiee  duringgood  behaviour,  Term  of serrioe. 
and  sholl  during  his  continuance  in  office,  reside  within  the  limits  of 
said  city,  and  shall  receive  a  salary  of  one  thousand  dollars  annually, 
payable  quarter  yearly  by  the  common  council  of  said  city,   which  sal-  *^^*'T'* 
ary  shall  not  be  diminished  but  may  be  increased  by  said  common  coun- 
cil.   ProvidedydlwaijS^  That  the  said  judge  may  and  shall  be  removed  ^'^°''*"' 
from  o31ce  for^Lhe  same  causes  and  in  the  same  manner  that  the  consli- 
tution  of  this  State  provides  for  the  removal  of  other  judges. 

Sect.  71.  That  the  docket  fees  now  authorized  and  required  by  law  peen  of  clerki, 
to  b2  paid  to  the  clerk  of  the  circuit  court,  shall  be  paid  in  all  suits  aris- 
ing in  the  said  municipal  court  to  the  clerk  thereof,  and  shall  by  him  be 
paid  to  the  city  treasurer,  Gut  of  which  fees  together  with  the  other  rev- 


20 


Grand 
juries. 


and  petit 


flow  lummoned. 


Compeniation. 


Termi  o£  court. 


Clerk,  how  ap- 
pointed. 

Bond. 
Feel. 


High  conatable. 


Municipal  court 
to  b?  a  court  of 
record. 


Constable  to  givs 
bond. 


enues  of  said  city  the  salary  of  the  judge  and  the  other  expenses  of  said 
court  shall  be  paid. 

Sect.  72.  That  the  grand  and  petit  jurors  of  said  municipal  court 
shall  be  selected  from  the  qualified  inhabitants  of  said  city  by  the  com- 
mon council  thereof  in  the  same  manner  as  other  jurors  are  selected  by 
the  county  commissioners  courts  of  this  State,  which  jurors  shall  possess 
the  same  qualifications  and  shall  be  liable  to  the  same  punishments  and 
penalties,  and  have  the  benefits  of  the  same  excuses  and  exemptions  as 
are  imposed  upon  and  allowed  by  the  laws  of  this  State  to  other  jurors, 
and  they  shall  take  the  same  oaths,  possess  the  same  powers  and  be  gov- 
erned in  all  their  proceedings  as  is  prescribed  in  the  case  of  other  jurors 
by  the  laws  of  this  State. 

Sect,  73.  That  the  said  jurors  shall  be  summoned  by  the  high  consta- 
ble of  said  town,  in  the  same  manner  as  other  jurors  are  summoned  by 
the  sherifis  of  this  State,  and  the  said  jurors  shall  beimpannalledby  the 
oflieers  of  the  said  municipal  court,  in  the  same  manner  as  jurors  of 
circuit  courts  ;  and  the  judge  of  said  municipal  court  shall  have  all  the 
powers  concerning  jurors  that  are  given  by  th-e  laws  of  this  State  to 
judges  of  the  circuit  courts. 

Sect.  74.  The  jurors  of  said  municipal  court  shall  receive,  out  of  the 
city  treasury,  the  same  compensation  for  their  services  as  is  allowed  to 
jurors  of  the  circuit  courts,  to  be  paid  upon  the  certificate  of  the  cierk 
of  said  municipal  court,  which  certificate  said  treasurer  shall  file  as  his 
voucher. 

Sect.  75.  The  judge  of  said  municipal  court  shall  hold  six  terms  of 
said  court  in  each  year,  for  the  trans,action  of  civil  and  criminal  busi- 
ness, and  shall  continue  each  term  until  the  business  before  it  shall  be 
disposed  of.  The  said  terms  shall  respectively  commence  on  the  first 
Monday  of  January,  March,  May,  July,  September  and  November, 
Provided,  always,  That  the  common  council  of  said  city  shall  have 
power  to  increase  the  number  of  the  terms  of  said  court  or  to  alter  the 
same  by  giving  four  weeks  notice  thereof,  in  the  corporation  newspaper. 
Sect.  76.  The  clerk  of  said  court  shall  be  appointed  by  the  Judge 
thereof,  and  shall  be  qualified  and  shall  enter  into  bonds  as  Clerks  of  the 
circuit  court  are  now  required  to  do,  and  shall  receive  the  same  emolu- 
ments as  are  allowed  to  the  clerks  of  the  circuit  courts  for  similar  servi- 
ces, which  fees  shall  be  collected  in  the  same  manner. 

Sect,  77.  There  shall  be  chosen  by  the  qualified  electors  of  said  city, 
at  the  same  time  and  in  the  same  manner  as  is  provided  in  this  act,  for 
the  election  of  mayor,  one  high  constable,  whose  term  of  service  shall 
be  for  one  year,  and  until  his  successor  shall  be  chosen  and  qualified, 
and  who  shall  have  and  exercise  all  the  powers  and  functions  as  an  offi- 
cer of  said  municipal  court  within  the  limits  of  said  city,  as  sheriflfsare 
allowed  to  exercise  within  the  limits  of  their  respective  counties,  and 
shall  be  entitled  to  the  same  fees  for  his  services. 

Sect.  78.  Said  municipal  court  shall  be  a  court  of  record  and  have  a 
seal  to  be  furnished  by  the  common  council,  the  proceses  of  said  court 
shall  be  tested  by  the  Judge,  and  issued  in  the  same  manner  as  in  the 
circuit  courts,  and  shall  be  directed  to  the  high  constable  of  said  citv,  to 
be  executed  within  the  limi's  of  the  same,  but  where  the  defendant  or 
defendants  or  either  of  them  may  reside  without  the  limits  of  said  city, 
and  in  Cook  county,  the  process  shall  be  directed  to  the  sheriff  of  said 
county,  who  shall  execute  the  same  and  make  return  thereof  to  the  clerk 
of  said  court. 

Sect.  79.  The  said  high  constable  shall  before  he  enters  upon  the  du- 
ties of  his  office,  execute  a  bond  with  .vufficient  sureties  payable  to  the 
city  of  Chicago,  to  be  approved  by  the  common  council  in  the  penal  sum 
of  ten  thousand  dollars,  conditioned  as  the  sheriffs  bonds  in  this  State 
are  required  by  lalv  to  be  ccndit-.oned  and  may  be  prosecuted  in  the  same 
manner  in  behalf  of  any  peioon  aggrieved,  and  the  said  high  constable 


.    21 

shall  be  required  to  take  ihe  same  oath  as  the  sheriffs  of  this  State  are 
required  to  take  as  I'ar  as  is  consistent  with  the  provisions  of  this  act, 
before  he  enters  upon  tlje  duties  of  his  office,  and  the  said  high  constable 
shall  have  power  to  appoint  from  among  the  city  constables,  oneorrr.oie 
deputies  who  shall  be  qualified  in  the  same  manner,  shall  have  the  same 
powers  under  the  said  high  constable,  so  far  as  is  consistent  with  the 
provisions  of  this  act,  as  deputy  sberifls  have  under  the  high  sheriffs,     j^^     ^.   .      .^ 

Sect.  80.  All  judgments  rendered  in  said  municipal  court  shall  havccou^*^"  s'csai 
the  same  lien  on  real  and  personal  estate,  and  shall  be  enforced  and  col- 
lected in  the  same  manner  as  judgments  rendered  in  the  circuit  courts 
of  this  State,  and  all  appeals  from  any  judgment  rendered  by  the  mayor 
of  said  city,  or  any  justice  of  the  peace  within  the  limits  of  said  city, 
shall  be  taken  to  the  next  circuit  or  municipal  court,  whose  term  shall 
first  happen. 

Sect.  81.  The  said  common  council  shall  have  power  frcm  time  to  Tariff  fees, 
time  to  establish,  alter,  and  regulate  a  tariff  of  fees  to  be  aHoV/ed  to  the 
party  or  parties  prosecuting  or  defending  any  suit  or  action  in  the  said 
municipal  court,  to  be  taxed  against  the  party  failing  in  said  suit,  and  ^o 
be  recovered  and  collected  in  the  same  manner  &,s  fees  are  recovered  and 
collected  in  the  circuit  courts  of  this  State. 

Sect.  82.  All  rules  and  proceedings  of  the  said  municipal  court,  not^"^^*- 
herein  otherwise  provided  for,  shall  conform,  as  near  as  may  be  to  the 
rules  and  proceedings  of  the  circuit  courts  of  this  Stale,  and  appeals 
from  the  municipal  court  to  the  Supreme  Court,  shall  be  taken  and  con- 
ducted in  the  same  manner  as  is  provided  by  the  laws  of  this  State,  for 
the  taking  of  appeals  or  writs  of  errors  from  the  circuit  court. 
Of  Common  and  other  Schools. 

Sect.  I.  [83.]  That  the  common  council  of  the  city  of  Chicago  shall,  To  be  commis- 
by  virtue  of  their  offices,  be  commissioners  of  common  schools  in  and^^°°^"°^,*=°'^' 
for  the  said  city,  and  shall  have  and  possess  all  the  rights,  powers  aud™^"^'^  *^°'*' 
authority  necessary  for  the  proper  management  of  said  schools. 

Sect.  2.  [84.]  The  said  common  council  shall  have  power  to  lay  off  May  'divide  city 
and  divide  the  said  city  into  school  districts,  and  from  time  to  time  alter  into  school  dis- 
ihe  same  and  create  new  ones  as  circumstances  may  require.  *'''^'*" 

Sect.  3.  [85.]  The  common  council  shall  anrually  appoint  a  number Ma^  «Ppoint  in- 
of  inspectors  of  common  schools  in  said  city,  not  exceeding  twelve,  an  d.pvctors  of  schools 
not  less  than  five  ;  and  in  case  of  a  vacancy  in  the   office,   tne   common 
council  shall  from  time  to  time  appoijit  others,  which  inspectors,  or  some  ^ 

of  them,  shall  visit  all  the  public  schools  in  said  cit}'-  at  least  once  a 
month,  enquire  into  the  progress  of  the  scholars  and  the  government  of 
the  schools,  examine  all  persons  offering  themselves  as  candidates  for 
teachers,  and  when  found  well    •"•=ilified,  give  them  certificates  thereof  ' 

gratuitously,  and  remove  them  for  any  good  cause;  audit  shall  be  the 
duly  of  the  said  inspectors  to  report  to  the  common  council,  from  time 
to  time,  any  suggestions  and  improvements  that  they  may  deem  neces- 
sary  or  proper  for  the  prosperity  of  said  schools. 

Skct.  3.  [86.]  That  the  legal  voters  in  each  school  district  shall  an- .j,j.^j^ggg  {^  ^^ 
nually  elect  Ihifee  persons  to  be  trustees  to  commoon  schools  therein,  elected  and  duty, 
whose  duty  it  shall  be  to  employ  qualified  and  suitable  teachers,  to  pay 
the  wages  of  such  teachers  when  qualified,  out  of  the  moneys  which 
shall  come  into  their  hands  from  the  commissioner  ot  school  lands,  so 
far  as  moneys  shall  be  sufficient  I'or  that  purpose,  and  to  collect  the  resi- 
due of  such  wrges  from  all  persons  liable  therefor.  They  shall  call 
special  meetings  of  the  inhabitants  of  the  district  liable  to  pay  taxes 
whenever  they  shall  deem  it  necessary  and  proper,  shall  give  notice  of 
the  time  and  place  for  special  district  meetings  at  least  five  days  before 
said  meetings  shall  be  held,  by  leaving  a  written  or  printed  notice  there- 
of, at  the  place  of  i  bode  of  each  of  said  inhabitants,  make  out  a  tax 
list  of  every  district  tax  which  the  inhabitants  of  said  district  may,  by 
a  vote  of  a  majority  present,  direct  at  any  meeting  called  as  aforesaid 


22 

for  that  purpose,  which  list  shall  contain  the  names  of  all  taxable  in- 
habitants residing  in  the  district  at  th®  time  of  making  out  the  list,  and 
the  amount  of  tax  payable  by  each  inhabitant,  s^et  opposite  to  his  name, 
■which  tax  maybe  levied  upon  the  real  or  personal  estate  of  said  inhab- 
itants; they  shall  annex  to  such  tax  list,  a  warrant  directed  to  one  of 
the  city  constables  residing  in  the  ward  in  which  said  district  may  be, 
for  the  collection  of  the  sums  in  said  list  mentioned,  and  said  consta- 
ble shall  receive  five   cents  on  each  dollar  thereof,  for  his  fees.      The 
said  trustees  shall  have  power  to  purchase  or  lease  a  site  for  the  district 
school  house,  as  designated  by  a  meeting  of  the  district,  and  to  build, 
hire  or  purchase,  keep  in  repair  and  furnish  said  shool  house  with  ne- 
cessary fuel  or  appendages,  out  of  the  funds  collected  and  paid  to  them 
for  such  purposes. 
To  make  report.       Sect.  5.  [87.]  The  trustees  of  each  district  shall  at  the  end   of  every 
quarter  make  report  to  the  school  inspectors   in  writing,  setting  forth 
the  number  ot  schools  within  the  district,  the  lime  that  each  has  been 
taught  during  the  previous  quarter,  and  by  whom,  the  number  of  schol- 
ars at  each  school,  and  the  time  of  their  attendance  during  the  quarter, 
to  be  ascertained  from  an  exact  list  or  roll  of  the  scholars'  names  to  be 
kept  by  the  teacher  for  that  purpose,  which  list  shall  be  sworn  to  or  af- 
firmed by  said  teacher. 
Cowmissioners  of      Sect.  6.  [88.]  That  it  shall  be  the  duty  of  the  commissioner  of  school 
•chool  lands, to    lands  in  Cook  county  to  make  semi-annuslly  to  the  common  council  of 
make  r«porL        ^^^^  ^.^y  ^  ^^^jj  ^^^^  correct  report,  in  such  manner  as  they  shall   direct, 
of  the  slate  of  the  school  fund  arising  from  the  pale  or  lease  of  school 
lands  in  township  tnirty  nine  nofth,  range  fourteen  east,  in  Cook  coun- 
ty, with  the  interest  accruing  thereon. 
School  money,        SacT.  7.  [89."]  The  school  inspectors  shall,  quarterly,  apportion  said 
how  apportioned,  school  moneys  among  the  several  districts  in  said  city  accOiJing  to  the 
number  of  scholars  in  each  school  therein  between  the  ag^es  ot  "five  ?nd 
twenty  one,  and  also  according  to  the  lime  that  ea'^h scholar  has  actually 
attended  such  school  during  the  previous  quarter,  to  be  ascertained  by 
the  reports  of  said  trustees  and  teachers.  » 

Duly  of  inspect-       Sect.  8.  [90.]  Vv'^henever  the  said  apportionment  shall  have  been 
on.  made,  the  school  inspectors  shall  make  out  a   schedule  thereof,  setting 

forth  the  amount  due  to  each  district,  the  person  or  persons  entitled  to 
receive  the  same,  and  shall  deliver  the  saic  schedule  together  with  the 
report  of  the  trustees  srd  the  lists  «r  rolls  of  the  teaclicrs  to  the  com- 
mon council,  and  thereupon  the  said  c  ;<mmon  council  shall  issue  a  wai*- 
rant  directed  to  the  connrissioner  of  school  lands,  to  pay  over  such  part 
of  the  interest  of  school  rjcneys  of  said  township  f.s  shall  be  therein 
exvTtssed,  Provided  thdil  nothing  herein  cont^ine.'i^  shall  authorize  the 
expenditure  of  the  princinal  of  any  pstt  of  the  said  school  fund. 
May  haveahigh  Sect.  9.  [91.]  The  fioenolders  and  i-ihr>b!'arts  of  any  school  district 
school.  In  the  said  city,  by  a  vote  of  two-thirds  of  t'=».e  personii  present  and  enti- 

tled to  vote,  at  a  meeting  of  such  disirict,  convened  after  notice  of  the 
object  of  such  meeting 'ball  have  been  pvi.il^hed  for  one  week  in  the 
corporation  nev.'spaper  of  the  <^aid  city,  a,nd  ;fter  said  notice  shall  have 
been  served  on  every  such  freeholder  or  in  habitant  jby  reading  the  sams 
to  him,  or  in  case  of  his  absence  by  leaving  the  same  at  his  place  of 
residence,  at  least  five  days  previous  to  such  rceeticg,  determine  either' 
separately  or  in  conjunction  with  any  olhei  school'  district  or  districts 
in  the  said  city,  to  have  a  Iv^^h  school  created  for  such  district  or  dis- 
tricts, or  shall  so  agree  to  unite  for  that  purpose,  and  may  vote  a  sum  not 
exceeding  five  thousand  dollars,  to  be  raised  for  erecting  a  building  for  - 
such  Iiigli  school.  And  on  evidence  of  such  vote  and  of  such  notice 
having  been  published  and  served  as  above  provided,  being  nrc^.sented  to 
the  common  council,  they  may  in  their  discretion  auehovjzo  the  erecting 
of  a  high  school  in  such  district,  or  may  authorize  the  several  districts 
$0  agreeing,  to  t?  united  into  one  district,  which  shall  thereafter  form 


23 

one  school  district,  and  all  the  property  right  aud  interest,  of  the  several 
districts  so  united,  shall  belong  to,  and  be  vested  in  the  trustees  of  said 
united  districts,  and  the  trustees  thereof  shall  have  all  the  powers  of 
trustees  of  school  districts,  shall  be  elected  in  the  same  manner,  and 
shall  be  subject  to  all  the  duties  and  obligations  of  trustees  of  common 
school  districts.  Mr       ^^    t 

Sect.  10.  [92.]  The  common  council  shall  annually  publish  on  the  J;'''^?,^*/* 
second  Tuesday  of  February,  in  the  corporation  newspaper  of  the  city, 
the  number  of  pupils  instructed  there  in  the  year  preceding,  the  several 
branches  of  education  pursued  by  them,  and  the  receipts  and  expendi- 
tures of  each  school,  specifying  the  sources  of  such  receipts,  and  the 
object  of  such  expenditures.  That  the  act  entitlerl  an  act  to  incorporate 
the  inhabitants  of  sach  town.s  as  may  wish  to  become  incorporated  ap-  ^<^^'  "^®m**^\  i 
proved  on  the  12th  day  of  February  1831,  and  so  much  of  an  act  entitled  isa?.*^*^*  Mwrch  4 
an  act  for  the  incorporation  of  lire  companies,  approved  the  12lh  day  of 
February  1835,  and  so  much  of  an  act  entitled  an  act  to  change  the  cor- 
porate powers  of  the  town  of  Chicago,  and  so  much  of  an  act  entitled 
an  act  to  amend  an  act  entitled  an  act  to  change  the  corporate  powers  of 
the  town  of  Chicago,  approved  January  15, 1836,  and  all  olher  acts  and 
parts  of  acts  as  are  inconsistent  with,  and  repugnant  to  the  provisions  of 
this  act,  in  so  far  as  relates  to  the  said  city  of  Chicago,  be  and  the  same 
are  hereby  repealed. 

Approved  March  4,  1837. 


AN  ACT  supplemental  to  an  act  to  incorporate  the  city  of  Chicago,   Act«p^ed. 

Sect.  1.  Be  it  enacted  by  the  people  of  the  State  of  Illinois,  represented  ^ersom  may  ha7« 
in  the  Generrl  Asse^nbiy,  That  so  much  of  the  said  "[act]   as  permits  the '■*^°?':"  f°  *-^^ 
licensing  of  billiard  tables  in  the  said  city  be  repealed,  that  all  persons  '^"'''"P'"  ^•'^^*»' 
residing  in  the  said  county  of  Cook,  may  at  their  option  have  recourse 
to  the  municio?!  court  of  said  city,  and  the  said  "^municipal   court   shall 
have  concurrent  jurisdiction  v/ith  the  circuit  court  in  all  matters  arising 
within  said  county,  that  only  so  much  of  an  act  entitled  an  act  to  incor- 
porate the  inhabitants  of  such  towns  as  may  wish  to  be  incorporated, 
approved  on  the  12th  day  of  February  1831,  shall  be  repealed  as  is  in- 
consistent with  the  provisions  of  the  act  incorporating  the  .said  city  of 
Chicago,  and  only  in  so  far  as  the  same  relates  to  the  said  city  of  Chi- 
cago, 

Approvzd  4th  Mtrch,  1837. 


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